DORSIE KLEM V SPECIAL RESPONSE CORPORATION
Motion No: CA 13-01879
Slip Opinion No: 2013 NY Slip Op 94711(U)
Decided on December 17, 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.


December 17, 2013

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

DOCKET NO. CA 13-01879

DORSIE KLEM, PLAINTIFF-RESPONDENT,

V

SPECIAL RESPONSE CORPORATION, DEFENDANT.



ZURICH INSURANCE COMPANY, 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 Steuben on September 4, 2013, on the ground that the appeal is frivolous and that appellant failed to take timely the appeal, and having moved for other relief,

Now, upon reading and filing the affidavit of Anna Czarples, Esq., sworn to October 17, 2013, the notice of motion with proof of service thereof, and the affirmation of Phyliss A. Hafner, Esq., dated November 7, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 17, 2013

Frances E. Cafarell, Clerk