| HAROLD ALEXANDER V NEW YORK CENTRAL MUTUAL |
| Motion No: CA 11-01520 |
| Slip Opinion No: 2011 NY Slip Op 81330(U) |
| Decided on August 16, 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 11-01520
| HAROLD ALEXANDER, PLAINTIFF-APPELLANT, V NEW YORK CENTRAL
MUTUAL, DEFENDANT-RESPONDENT. |
Respondent 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 March 25, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to July 27, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael J. Kieffer, Esq., sworn to August 8, 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 October 17, 2011.
Entered: August 16, 2011
Patricia L. Morgan, Clerk