| STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANIES V ZACHARY J. JAENECKE AND PETER J. JAENECKE GARY L. COONS AND ANN M. |
| Motion No: CA 10-01444 |
| Slip Opinion No: 2010 NY Slip Op 78895(U) |
| Decided on July 29, 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 10-01444
| STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANIES,
PLAINTIFF-RESPONDENT, V ZACHARY J. JAENECKE AND PETER J. JAENECKE, DEFENDANTS-APPELLANTS, GARY L. COONS AND ANN M.
COONS, DEFENDANTS. |
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 Niagara on February 24, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dale A. Ehman, Esq. sworn to June 24, 2010, the notice of motion with proof of service thereof, the affidavit of Michael Pilarz, Esq. sworn to July 19, 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 30, 2010.
Entered: July 29, 2010
Patricia L. Morgan, Clerk