| FARM FAMILY CASUALTY INSURANCE COMPANY V BRADY FARMS, INC. |
| Motion No: CA 10-02440 |
| Slip Opinion No: 2011 NY Slip Op 60261(U) |
| Decided on January 4, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02440
| FARM FAMILY CASUALTY INSURANCE COMPANY,
PLAINTIFF-APPELLANT, V BRADY FARMS, INC., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on March 31, 2010, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the aforementioned appeal,
Now, upon reading and filing the affidavit of K. Wade Eaton, Esq. sworn to December 8, 2010, and the affidavit of Dan D. Kohane, Esq. sworn to December 21, 2010, the notices of motion and cross motion with proof of service thereof, 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 March 7, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: January 4, 2011
Patricia L. Morgan, Clerk