IN THE MATTER OF ARBITRATION BETWEEN NGM INSURANCE COMPANY AND DOUGLAS E. HAAK AND CARMELA HAAK
Motion No: CA 10-01460
Slip Opinion No: 2010 NY Slip Op 77549(U)
Decided on July 20, 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.


July 20, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01460

IN THE MATTER OF ARBITRATION BETWEEN

NGM INSURANCE COMPANY, PETITIONER-RESPONDENT,

AND

DOUGLAS E. HAAK AND CARMELA HAAK, RESPONDENTS-APPELLANTS.


Petitioner-respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 13, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmations of Carolyn M. Henry, Esq. dated July 6, 2010 and July 7, 2010, the notice of motion with proof of service thereof, the affidavit of Michael J. Skoney, Esq. sworn to July 9, 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 September 17, 2010.

Entered: July 20, 2010

Patricia L. Morgan, Clerk