NATIONAL STRUCTURES, INC. V EXCELSIOR INSURANCE COMPANY AND ONTARIO INSURANCE COMPANY
Motion No: CA 12-00496
Slip Opinion No: 2012 NY Slip Op 69936(U)
Decided on April 5, 2012
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.


April 5, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00496

NATIONAL STRUCTURES, INC., PLAINTIFF-RESPONDENT,

V

EXCELSIOR INSURANCE COMPANY, DEFENDANT-RESPONDENT,

AND ONTARIO INSURANCE COMPANY, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 27, 2011,

Now, upon reading and filing the affirmation of John R. Condren, Esq., received March 12, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before May 21, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 5, 2012

Frances E. Cafarell, Clerk