| FRANKLIN R. DRAKE, V TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, . |
| Motion No: CA 12-02361 |
| Slip Opinion No: 2013 NY Slip Op 70717(U) |
| Decided on April 12, 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 12-02361
| FRANKLIN R. DRAKE, PLAINTIFF-APPELLANT-RESPONDENT,
V TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, DEFENDANT-RESPONDENT-APPELLANT. |
Defendant having moved for an extension of time to perfect its cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 14, 2012,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated March 15, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the cross appeal is perfected on or before May 31, 2013, and the Clerk is directed to accept the brief for filing, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: April 12, 2013
Frances E. Cafarell, Clerk