| CARING ENTERPRISES, INC., DOING BUSINESS AS HEALTH FORCE V QBE SPECIALTY INSURANCE COMPANY |
| Motion No: CA 13-00593 |
| Slip Opinion No: 2013 NY Slip Op 72543(U) |
| Decided on April 25, 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 13-00593
| CARING ENTERPRISES, INC., DOING BUSINESS AS HEALTH FORCE,
PLAINTIFF-RESPONDENT, V QBE SPECIALTY INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 3, 2013, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken from the judgment entered January 3, 2013,
Now, upon reading and filing the affirmation of Timothy G. O'Connell, Esq., received April 2, 2013, the affidavit of Steven E. Peiper, Esq., sworn to April 10, 2013, and the notices of motion and cross motion with proof of service thereof, 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 June 24, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: April 25, 2013
Frances E. Cafarell, Clerk