| GENERAL STAR NATIONAL INSURANCE COMPANY V NIAGARA FRONTIER TRANSIT METRO SYSTEMS, INC. |
| Motion No: CA 10-01675 |
| Slip Opinion No: 2010 NY Slip Op 80687(U) |
| Decided on August 24, 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 10-01675
| GENERAL STAR NATIONAL INSURANCE COMPANY,
PLAINTIFF-APPELLANT, V NIAGARA FRONTIER TRANSIT METRO SYSTEMS, INC.,
DEFENDANT-RESPONDENT. |
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 December 18, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Brian R. Biggie, Esq. dated August 3, 2010, August 11, 2010, and August 19, 2010, the notice of motion with proof of service thereof, the affirmation of Leo C. Kellett, Esq. dated August 18, 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 October 25, 2010.
Entered: August 24, 2010
Patricia L. Morgan, Clerk