| MIDDLESEX MUTUAL ASSURANCE COMPANY V MICHAEL FIDUCCIA, AND FIDUCCIA FAMILY, L.P., DOING BUSINESS AS FIDUCCIA FAMILY |
| Motion No: CA 11-01362 |
| Slip Opinion No: 2011 NY Slip Op 79308(U) |
| Decided on July 27, 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 11-01362
| MIDDLESEX MUTUAL ASSURANCE COMPANY, PLAINTIFF-RESPONDENT,
V MICHAEL FIDUCCIA, AND FIDUCCIA FAMILY, L.P., DOING BUSINESS AS FIDUCCIA FAMILY LIMITED PARTNERSHIP,
DEFENDANTS-APPELLANTS, CHAD E. PANIPINTO, RESPONDENT. |
Plaintiff-respondent 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 Livingston on February 3, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of John R. Condren, Esq., sworn to June 27, 2011, and July 5, 2011, the notice of motion with proof of service thereof, and the affidavit of John T. Refermat, Esq., sworn to July 11, 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 September 26, 2011.
Entered: July 27, 2011
Patricia L. Morgan, Clerk