| SARAH RADFORD, DOING BUSINESS AS DEWITT CELLULAR V PEERLESS INSURANCE COMPANY , LADD'S AGENCY, INC. |
| Motion No: CA 11-01905 |
| Slip Opinion No: 2011 NY Slip Op 88628(U) |
| Decided on October 31, 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 11-01905
| SARAH RADFORD, DOING BUSINESS AS DEWITT CELLULAR,
PLAINTIFF-APPELLANT, V PEERLESS INSURANCE COMPANY, ET AL., DEFENDANTS, LADD'S AGENCY, INC.,
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 Oneida on June 6, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Graeme Spicer, Esq., dated September 15, 2011, the notice of motion with proof of service thereof, and the affidavit of Gustave J. DeTraglia, Jr., Esq, sworn to September 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Entered: October 31, 2011
Patricia L. Morgan, Clerk