| DANIEL J. SMITH V THOMAS CASSIDY AND MICHAEL UNDERWOOD DOING BUSINESS AS CASSIDY & UNDERSWOOD CONSTRUCTION ALLSTATE |
| Motion No: CA 11-01354 |
| Slip Opinion No: 2011 NY Slip Op 79764(U) |
| Decided on July 28, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-01354
| DANIEL J. SMITH, PLAINTIFF-RESPONDENT, V THOMAS CASSIDY AND
MICHAEL UNDERWOOD DOING BUSINESS AS CASSIDY & UNDERSWOOD CONSTRUCTION, DEFENDANTS-APPELLANTS. ALLSTATE INSURANCE CO. AS
SUBROGEE OF DANIEL SMITH, PLAINTIFF-RESPONDENT, V THOMAS CASSIDY AND MICHAEL UNDERWOOD DOING BUSINESS AS CASSIDY &
UNDERSWOOD CONSTRUCTION, DEFENDANTS-APPELLANTS. |
Respondents having separately 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 Livingston on March 29, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jodie L. Ryan, Esq., sworn to July 6, 2011, the affidavit of John J. Gilbert, Esq., sworn to July 6, 2011, the notices of motion with proof of service thereof, the affidavit of Scott P. Rogoff, Esq. sworn to July 18, 2011, and the affidavit of Amy K. Kendall, Esq., sworn to July 17, 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 28, 2011
Patricia L. Morgan, Clerk