PHILADELPHIA INDEMNITY INSURANCE COMPANY AS SUBRAGEE OF UPPER NY ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH ALSO
Motion No: CA 16-02027
Slip Opinion No: 2016 NY Slip Op 92432(U)
Decided on November 23, 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.


November 23, 2016

DOCKET NO. CA 16-02027

PHILADELPHIA INDEMNITY INSURANCE COMPANY AS SUBRAGEE OF

UPPER NY ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH

ALSO KNOWN AS HURLBUT METHODIST CHURCH,

PLAINTIFF-APPELLANT,

V

CITADEL SERVICES, INC., 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 Chautauqua on May 31, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to November 1, 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: November 23, 2016

Frances E. Cafarell, Clerk