MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, AND
Motion No: CA 13-01599
Slip Opinion No: 2013 NY Slip Op 87107(U)
Decided on September 27, 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.


September 27, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 13-01599

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR

OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, AND

AS ASSIGNEE OF WILLIAM PORTER, PLAINTIFF-RESPONDENT,

V

AMERICAN INTERNATIONAL GROUP, INC., AIG DOMESTIC CLAIMS,

INC., DEFENDANTS, AMERICAN ALTERNATIVE INSURANCE CO.,

DEFENDANT-APPELLANT, NATIONAL UNION FIRE INSURANCE COMPANY

OF PITTSBURGH, PA AND DHL EXPRESS (USA), INC., FORMERLY

KNOWN AS DHL WORLDWIDE EXPRESS, INC., DEFENDANTS.


Appellant American Alternative Insurance Co. having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 4, 2012,

Now, upon reading and filing the affidavits of Mandie R. Forman, Esq., sworn to September 3, 2013, and September 13, 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, and appellant shall perfect the appeal on or before November 26, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 27, 2013

Frances E. Cafarell, Clerk