PALACE VENTURES, LLC V SELECTIVE INSURANCE COMPANY OF AMERICA
Motion No: CA 15-01645
Slip Opinion No: 2015 NY Slip Op 89003(U)
Decided on October 23, 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.


October 23, 2015

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

DOCKET NO. CA 15-01645

PALACE VENTURES, LLC, PLAINTIFF-RESPONDENT,

V

SELECTIVE INSURANCE COMPANY OF AMERICA,

DEFENDANT-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 Onondaga on April 28, 2015, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Patricia A. Lynn-Ford, Esq., dated September 28, 2015, the affidavit of Jennifer A. Ehman, Esq., sworn to October 14, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 22, 2015, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: October 23, 2015

Frances E. Cafarell, Clerk