| PROGRESSIVE NORTHEASTERN INSURANCE COMPANY V FARMERS NEW CENTURY INSURANCE COMPANY, JAMES A. BLAZINA MEGAN R. LINDHURST |
| Motion No: CA 10-01743 |
| Slip Opinion No: 2010 NY Slip Op 83050(U) |
| Decided on September 16, 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 10-01743
| PROGRESSIVE NORTHEASTERN INSURANCE COMPANY,
PLAINTIFF-RESPONDENT, V FARMERS NEW CENTURY INSURANCE COMPANY, JAMES A. BLAZINA, DEFENDANTS-RESPONDENTS, MEGAN R.
LINDHURST, DEFENDANT-APPELLANT. MEGAN R. LINDHURST, PLAINTIFF, V JAMES A. BLAZINA,
DEFENDANT. |
Respondent Farmers New Century Insurance Company having moved to dismiss the appeal of Megan R. Lindhurst taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 27, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John R. Condren, Esq. sworn to August 5, 2010, the notice of motion with proof of service thereof, the affirmation of David M. Goodman, Esq. dated August 13, 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 November 15, 2010.
Entered: September 16, 2010
Patricia L. Morgan, Clerk