Erie Insurance Company as Subrogee of Josie Basile v Ward E. Swart et



Erie Insurance Company as Subrogee of Josie Basile v Ward E. Swart et
Motion No: 508840
Slip Opinion No: 2010 NY Slip Op 66033(U)
Decided on March 17, 2010
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: March 17, 2010

Case # 508840


ERIE INSURANCE COMPANY, as Subrogee of JOSIE BASILE,

Respondent,

v
WARD E. SWART,

Appellant,

et al.,

Defendant.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted by default, without costs.
CARDONA, P.J., PETERS, SPAIN, KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court