Matter of Adirondack Insurance Exchange v GEICO General
Motion No: 2016-01336
Slip Opinion No: 2016 NY Slip Op 70041(U)
Decided on April 11, 2016
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M209624

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-01336

In the Matter of Adirondack Insurance Exchange,

appellant, v GEICO General Insurance Company,

respondent.

(Index No. 7349/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2015, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to hear and report on the issue of whether the order dated October 22, 2015, was served upon the appellant's counsel by the respondent's counsel with notice of entry, and, if so, when service was effected; the Supreme Court, Nassau County, shall hold the hearing and file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court