| SCOTT A. GARBUTT DOING BUSINESS AS AMPHIBIOUS OUTFITTERS V PEERLESS INSURANCE COMPANY AND THE NETHERLANDS INSURANCE |
| Motion No: CA 12-02020 |
| Slip Opinion No: 2012 NY Slip Op 91062(U) |
| Decided on November 21, 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. |
DOCKET NO. CA 12-02020
| SCOTT A. GARBUTT DOING BUSINESS AS AMPHIBIOUS
OUTFITTERS, PLAINTIFF-APPELLANT, V PEERLESS INSURANCE COMPANY AND THE NETHERLANDS INSURANCE COMPANY - A
STOCK COMPANY, DEFENDANTS-RESPONDENTS. |
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 July 17, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Scott D. Mancuso, Esq., dated October 26, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: November 21, 2012
Frances E. Cafarell, Clerk