| ORTHO-CLINICAL DIAGNOSTICS, INC. V ASPEN SPECIALTY INSURANCE COMPANY, ASPEN INSURANCE UK LIMITED AND ORLANDO GASKINS |
| Motion No: CA 16-01697 |
| Slip Opinion No: 2016 NY Slip Op 88331(U) |
| Decided on October 3, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01697
| ORTHO-CLINICAL DIAGNOSTICS, INC., PLAINTIFF-APPELLANT, V ASPEN
SPECIALTY INSURANCE COMPANY, ASPEN INSURANCE UK LIMITED, DEFENDANTS-RESPONDENTS, AND ORLANDO GASKINS, DEFENDANT. ASPEN
INSURANCE UK LIMITED, THIRD-PARTY PLAINTIFF-RESPONDENT, V ELMER W. DAVIS, INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
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 Monroe on June 3, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jonathan Glasser, Esq., dated September 22, 2016, the notice of motion with proof of service thereof, and the affirmation of Mark T. Whitford, Jr., Esq., dated September 30, 2016, 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 November 2, 2016.
Entered: October 3, 2016
Frances E. Cafarell, Clerk