| HARLEYSVILLE INSURANCE COMPANY OF NEW YORK V POTAMIANOS PROPERTIES, LLC |
| Motion No: CA 12-01416 |
| Slip Opinion No: 2012 NY Slip Op 84907(U) |
| Decided on September 18, 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 12-01416
| HARLEYSVILLE INSURANCE COMPANY OF NEW YORK,
PLAINTIFF-RESPONDENT, V POTAMIANOS PROPERTIES, LLC, DEFENDANT-APPELLANT. |
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 Onondaga on January 20, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken from the order entered January 20, 2012,
Now, upon reading and filing the affirmation of Jason M. Kurtz, Esq., dated July 31, 2012, the affidavit of Peter P. Panels, Esq., sworn to September 7, 2012, and the notices of motion and cross motion with proof of service thereof, 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 November 2, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: September 18, 2012
Frances E. Cafarell, Clerk