| MARK DZIELSKI AND COLLEEN DZIELSKI V ESSEX INSURANCE COMPANY, - . |
| Motion No: CA 11-00887 |
| Slip Opinion No: 2011 NY Slip Op 75023(U) |
| Decided on June 6, 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 11-00887
| MARK DZIELSKI AND COLLEEN DZIELSKI, PLAINTIFFS-RESPONDENTS, V
ESSEX INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kathleen M. Reilly, Esq. sworn to April 26, 2011, the notice of motion with proof of service thereof, and the affidavit of Katherine A. Fijal, Esq. sworn to May 4, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed because the appeal has been perfected.
Entered: June 6, 2011
Patricia L. Morgan, Clerk