| ROBERT A. REYNOLDS AND JUDITH E. REYNOLDS V CHRISTOPHER S. FERRANTE, D.C. AND SCS SUPPORT CLAIM SERVICES, INC. GEICO |
| Motion No: CA 12-01546 |
| Slip Opinion No: 2012 NY Slip Op 84878(U) |
| Decided on September 14, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-01546
| ROBERT A. REYNOLDS AND JUDITH E. REYNOLDS,
PLAINTIFFS-RESPONDENTS, V CHRISTOPHER S. FERRANTE, D.C. AND SCS SUPPORT CLAIM SERVICES, INC., DEFENDANTS,
GEICO GENERAL INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Respondents 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 Niagara on May 9, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having moved for an extension of time to perfect the appeal from the order entered May 9, 2012,
Now, upon reading and filing the affirmation of Duane D. Schoonmaker, Esq., dated August 17, 2012, the affidavit of Dan D. Kohane, Esq., sworn to August 24, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 8, 2012, and
It is further ORDERED that appellant's motion is dismissed as unnecessary.
Entered: September 14, 2012
Frances E. Cafarell, Clerk