| STATE FARM INSURANCE COMPANY V SALVATORE J. GIARIZZO AND, ESURANCE INSURANCE COMPANY |
| Motion No: CA 10-01999 |
| Slip Opinion No: 2010 NY Slip Op 86969(U) |
| Decided on November 1, 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 10-01999
| STATE FARM INSURANCE COMPANY, PETITIONER-APPELLANT, V
SALVATORE J. GIARIZZO AND, ESURANCE INSURANCE COMPANY, RESPONDENTS-RESPONDENTS. |
Respondent Esurance Insurance Company having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kris E. Lawrence, Esq. dated September 30, 2010, the notice of motion with proof of service thereof, the affidavit of Victor M. Wright, Esq. sworn to October 5, 2010,
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 January 3, 2011.
Entered: November 1, 2010
Patricia L. Morgan, Clerk