| MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED V AMERICU CREDIT |
| Motion No: CA 10-01313 |
| Slip Opinion No: 2010 NY Slip Op 76433(U) |
| Decided on June 30, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01313
| MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE
ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V AMERICU CREDIT UNION (FORMERLY UPSTATE FEDERAL CREDIT
UNION), DEFENDANT/THIRD-PARTY PLANTIFF-APPELLANT, AND JOHN MATRULLI, DEFENDANT, V CUMIS INSURANCE SOCIETY, INC., AND MURRAY
J.S. KIRSHTEIN, INDIVIDUALLY, THIRD-PARTY DEFENDANTS. MURRAY J.S. KIRSHTEIN, AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER,
DECEASED, PLAINTIFF-RESPONDENT, V GENERAL ELECTRIC COMPANY, LOEWS CORPORATION AND WACHOVIA CORPORATION,
DEFENDANTS-APPELLANTS, TALLEY INDUSTRIES, INC., CHASE MELLON SHAREHOLDERS SERVICES, TOYS-"R"-US, INC., DEFENDANTS,
V AMERICU CREDIT UNION, THIRD-PARTY DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 20, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Vincent J. Rossi, Jr., Esq. dated June 15, 2010, the notice of motion with proof of service thereof, the affirmation of John A. Nasto, Jr., Esq. dated June 23, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 30, 2010.
Entered: June 30, 2010
Patricia L. Morgan, Clerk