PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00586

DEL ZARA SYSTEMS, INC., PLAINTIFF-APPELLANT, V SAFECO INSURANCE COMPANY OF AMERICA AND AMERICAN ECONOMY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Respondents 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 December 10, 2010, on the ground that appellant has failed to perfect timely the appeal, appellant having cross-moved for an extension of time to perfect the aforementioned appeal, and Hurwitz & Fine, P.C. having separately moved to withdraw as counsel for appellant,

Now, upon reading and filing the affirmation of Eric T. Boron, Esq. dated March 18, 2011, the affidavit of Steven E. Peiper, Esq. sworn to April 5, 2011, the affidavit of Michael Delmont sworn to April 5, 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 respondents' motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before June 21, 2011, and

It is further ORDERED that appellant's cross motion to extend time to perfect the appeal is dismissed as unnecessary, and

It is further ORDERED that Hurwitz & Fine, P.C.'s motion to withdraw as counsel is granted.

Entered: April 22, 2011

Patricia L. Morgan, Clerk