| MIDSTATE MUTUAL INSURANCE COMPANY, AS SUBROGEE OF DOREEN L. TOPOREK AND MICHAEL L. RUI V CAMP ROAD TRANSMISSIONS, INC. |
| Motion No: CA 12-00961 |
| Slip Opinion No: 2012 NY Slip Op 75489(U) |
| Decided on June 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00961
| MIDSTATE MUTUAL INSURANCE COMPANY, AS SUBROGEE OF DOREEN L.
TOPOREK AND MICHAEL L. RUI, PLAINTIFF-APPELLANT, V CAMP ROAD TRANSMISSIONS, INC., DEFENDANT, AND LAKESHORE TIRE & AUTO, INC.,
DEFENDANT-RESPONDENT. (ACTION NO. 1.) DOREEN L. TOPOREK AND MICHAEL L. RUI,, PLAINTIFFS-APPELLANTS, V
CAMP ROAD TRANSMISSIONS, INC., DEFENDANT, AND LAKESHORE TIRE & AUTO, INC., DEFENDANT-RESPONDENT. (ACTION NO.
2.) |
Appellants Doreen L. Toporek and Michael L. Rui, having moved for an extension of time to perfect the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2011,
Now, upon reading and filing the affidavit of Matthew J. Garvey, Esq, sworn to May 16, 2012, the notice of motion with proof of service thereof, and the statement of R. Anthony Rupp, III, Esq., dated May 21, 2012, 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 August 6, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 5, 2012
Frances E. Cafarell, Clerk