| NADYA DUMANIS V ALLSTATE INDEMNITY COMPANY AND AFTERMATH RESTORATION, INC. |
| Motion No: CA 15-01761 |
| Slip Opinion No: 2015 NY Slip Op 90998(U) |
| Decided on November 18, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01761
| NADYA DUMANIS, PLAINTIFF-APPELLANT, V ALLSTATE INDEMNITY
COMPANY, DEFENDANT-RESPONDENT, AND AFTERMATH RESTORATION, INC., DEFENDANT. |
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 June 24, 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 affidavit of Katy M. Hedges, Esq., dated October 13, 2015, the affidavit of Justin S. White, Esq., sworn to November 2, 2015, the notices of motion and cross motion with proof of service thereof, and the affirmation of Katie L. Renda, Esq., dated November 6, 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 January 19, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: November 18, 2015
Frances E. Cafarell, Clerk