| PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY CO. |
| Motion No: CA 13-01543 |
| Slip Opinion No: 2013 NY Slip Op 89224(U) |
| Decided on October 22, 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 13-01543
| PAULA L. GIBBS, PLAINTIFF-APPELLANT, V STATE FARM
FIRE AND CASUALTY CO., DEFENDANT-RESPONDENT. |
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 March 19, 2013, on the grounds of failure to take timely the appeal and failure to perfect timely the appeal,
Now, upon reading and filing the affirmations of Eric T. Boran, Esq., dated August 29, 2013, and September 19, 2013, the notice of motion with proof of service thereof, and the affidavit of Paula L. Gibbs, Esq., sworn to September 18, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal as untimely taken is granted, and
It is further ORDERED that the motion is otherwise dismissed as moot.
Entered: October 22, 2013
Frances E. Cafarell, Clerk