| JOSEPH MATONTI V ALLSTATE INDEMNITY COMPANY |
| Motion No: CA 13-01323 |
| Slip Opinion No: 2013 NY Slip Op 82958(U) |
| Decided on August 21, 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 13-01323
| JOSEPH MATONTI, PLAINTIFF-RESPONDENT, V ALLSTATE
INDEMNITY COMPANY, DEFENDANT-APPELLANT. |
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 February 28, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered February 28, 2013,
Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq., sworn to July 24, 2013, the affidavit of Michael P. Scott-Kristansen, Esq., sworn to August 1, 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 September 30, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 21, 2013
Frances E. Cafarell, Clerk