| FRED MUHLEMAN V NATIONWIDE INSURANCE AND NATIONWIDE FIRE INSURANCE COMPANY |
| Motion No: CA 11-01158 |
| Slip Opinion No: 2011 NY Slip Op 76463(U) |
| Decided on June 22, 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 11-01158
| FRED MUHLEMAN, PLAINTIFF-APPELLANT, V NATIONWIDE INSURANCE
AND NATIONWIDE FIRE 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 Monroe on February 2, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Jennifer V. Schiffmacher, Esq. dated May 24, 2011, and June 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Ronald J. Passero, Esq. sworn to June, 1, 2011, 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 August 22, 2011.
Entered: June 22, 2011
Patricia L. Morgan, Clerk