| THOMAS JOHNSON, INC., V THE STATE INSURANCE FUND, . |
| Motion No: CA 11-00396 |
| Slip Opinion No: 2011 NY Slip Op 67084(U) |
| Decided on March 14, 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 11-00396
| THOMAS JOHNSON, INC., PLAINTIFF-APPELLANT-RESPONDENT, V THE
STATE INSURANCE FUND, DEFENDANT-RESPONDENT-APPELLANT. |
Plaintiff having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 20, 2010, and defendant having cross-moved for an extension of time to perfect its cross appeal from the aforementioned order,
Now, upon reading and filing the affidavit of Paul J. Callahan, Esq. sworn to February 22, 2011, the affirmation of David B. Hamm, Esq. dated February 24, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiff's motion is granted and plaintiff shall perfect the appeal on or before June 15, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
It is further ORDERED that defendant's motion is granted and defendant shall perfect the cross appeal on or before July 20, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: March 14, 2011
Patricia L. Morgan, Clerk