| RICHARD J. BROWN, INDIVIDUALLY AND DOING BUSINESS AS GOLD CUP FARMS, INC. AND THOUSAND ISLANDS CHEESE, LLC V MICHIGAN |
| Motion No: CA 13-00014 |
| Slip Opinion No: 2013 NY Slip Op 63898(U) |
| Decided on January 31, 2013 |
| 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 13-00014
| RICHARD J. BROWN, INDIVIDUALLY AND DOING BUSINESS AS
GOLD CUP FARMS, INC. AND THOUSAND ISLANDS CHEESE, LLC, PLAINTIFF-APPELLANT, V MICHIGAN MILLERS MUTUAL
INSURANCE COMPANY, 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 Jefferson on August 1, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Shannon R. Becker, Esq., sworn to January 2, 2013, and January 18, 2013, the notice of motion with proof of service thereof, and the affirmation of Richard Pertz, Esq., dated January 14, 2013, 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 April 1, 2013.
Entered: January 31, 2013
Frances E. Cafarell, Clerk