| GENERAL STAR NATIONAL INSURANCE COMPANY V NIAGARA FRONTIER TRANSIT METRO SYSTEM INC. |
| Motion No: CA 12-02122 |
| Slip Opinion No: 2012 NY Slip Op 91063(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02122
| GENERAL STAR NATIONAL INSURANCE COMPANY,
PLAINTIFF-APPELLANT, V NIAGARA FRONTIER TRANSIT METRO SYSTEM INC.,
DEFENDANT-RESPONDENT. |
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 Erie on July 19, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Brian R. Biggie, Esq., dated November 7, 2012, and November 9, 2012, the notice of motion with proof of service thereof, and the affirmation of Leo C. Kellett, Esq, dated November 15, 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 January 22, 2013.
Entered: November 21, 2012
Frances E. Cafarell, Clerk