| IN THE MATTER OF THE APPLICATION BY THE NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY TO STAY THE ARBITRATION OF AN |
| Motion No: CA 13-00255 |
| Slip Opinion No: 2013 NY Slip Op 67340(U) |
| Decided on March 7, 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. |
DOCKET NO. CA 13-00255
| IN THE MATTER OF THE APPLICATION BY THE NEW YORK
CENTRAL MUTUAL FIRE INSURANCE COMPANY TO STAY THE ARBITRATION OF AN UNINSURED MOTORIST CLAIM BETWEEN NEW
YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, PETITIONER-APPELLANT, AND MAE FRANCIS CASTLEBERRY,
RESPONDENT-RESPONDENT, AND SAFECO INSURANCE COMPANY OF INDIANA, ADDITIONAL PROPOSED
RESPONDENT-RESPONDENT. |
Respondent Safeco Insurance Company of Indiana 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 November 1, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kris E. Lawrence, Esq., dated February 5, 2013, 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: March 7, 2013
Frances E. Cafarell, Clerk