| THOMAS S. SHEA V PROGRESSIVE INSURANCE COMPANY |
| Motion No: CA 16-00515 |
| Slip Opinion No: 2016 NY Slip Op 71957(U) |
| Decided on April 26, 2016 |
| 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. |
DOCKET NO. CA 16-00515
| THOMAS S. SHEA, PLAINTIFF-APPELLANT, V PROGRESSIVE INSURANCE
COMPANY, DEFENDANT-RESPONDENT. |
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 January 5, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin J. Graff, Esq., dated March 31, 2016, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 26, 2016
Frances E. Cafarell, Clerk