BRITT BIRD, V GEICO GENERAL INSURANCE COMPANY, .
Motion No: CA 14-00377
Slip Opinion No: 2014 NY Slip Op 74750(U)
Decided on June 9, 2014
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.


June 9, 2014

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

DOCKET NO. CA 14-00377

BRITT BIRD, PLAINTIFF-APPELLANT-RESPONDENT,

V

GEICO GENERAL INSURANCE COMPANY,

DEFENDANT-RESPONDENT-APPELLANT.

(APPEAL NO. 1.)


Defendant having moved to vacate the dismissal of its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 22, 2013,

Now, upon reading and filing the affirmations of Lauren M. Yannuzzi, Esq., received May 8, 2014, and May 30, 2014, the notice of motion with proof of service thereof, and the affirmation of Elizabeth A. Bruce, Esq., dated May 8, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that defendant perfects its appeal on or before July 7, 2014.

Entered: June 9, 2014

Frances E. Cafarell, Clerk