ZRAJ OLEAN, LLC AND ZAMIAS SERVICES, INC. V ERIE INSURANCE COMPANY OF NEW YORK, RAYMOND WANGELIN, DOING BUSINESS AS
Motion No: CA 15-00145
Slip Opinion No: 2015 NY Slip Op 63137(U)
Decided on February 3, 2015
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.


February 3, 2015

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

DOCKET NO. CA 15-00145

ZRAJ OLEAN, LLC AND ZAMIAS SERVICES, INC.,

PLAINTIFFS-APPELLANTS,

V

ERIE INSURANCE COMPANY OF NEW YORK, RAYMOND WANGELIN,

DOING BUSINESS AS ADAMS SEPTIC & SOUTHERN SUMMIT,

NANCY J. WANGELIN, AS ADMINISTRATRIX OF THE ESTATE OF

RAYMOND L. WANGELIN, DEFENDANTS-RESPONDENTS.


Respondents 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 Cattaraugus on August 27, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Katelyn E. Dieffenderfer, Esq., dated January 13, 2015, the affirmation of Joseph A. Matteliano, Esq., dated January 12, 2015, the notices of motion with proof of service thereof, and the affirmations of James J. Navagh, Esq., dated January 20, 2015, 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 April 6, 2015.

Entered: February 3, 2015

Frances E. Cafarell, Clerk