| GLORIA SCHENBACK, JASON ROSENTHAL, THOMAS DOMBROWSKI V UNITED FRONTIER MUTUAL INSURANCE COMPANY UNITED FRONTIER MUTUAL |
| Motion No: CA 12-00651 |
| Slip Opinion No: 2012 NY Slip Op 72012(U) |
| Decided on May 1, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00651
| GLORIA SCHENBACK, JASON ROSENTHAL, THOMAS DOMBROWSKI,
PLAINTIFFS-RESPONDENTS, V UNITED FRONTIER MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT. UNITED FRONTIER MUTUAL
INSURANCE COMPANY, INTERPLEADER PLAINTIFF, V ERIC PRUTSMAN, INTERPLEADER
DEFENDANT-RESPONDENT. |
Plaintiffs 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 Erie on January 9, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Richard S. Binko, Esq., sworn to March 22, 2012, the notice of motion with proof of service thereof, the affirmation of Laurence D. Behr, Esq., dated April 17, 2012, and the affidavit of John R. Streb, Esq., sworn to April 19, 2012, 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 July 2, 2012.
Entered: May 1, 2012
Frances E. Cafarell, Clerk