In the Matter of the Application of Fiduciary Insurance Company of America

Motion No: M-5986

Slip Opinion No: 2017 NYSlipOp 64981(U)

Decided on February 23, 2017

Appellate Division, First 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.

February 23, 2017

In the Matter of the Application of

Fiduciary Insurance Company of

America,

Petitioner-Appellant,

For an Order Pursuant to Article 75 of the Civil Practice Law and Rules

v

Twin City Fire Insurance Company as

subrogee of Colon, Jose,

Respondents-Respondents.

Respondents-respondents having moved for dismissal of the appeal taken from a judgment of the Supreme Court, New York County, entered on or about August 9, 2016 (M-5664), And petitioner-appellant having cross-moved for an enlargement of time to perfect the aforesaid appeal (M-5986), Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is granted unless said appeal is perfected for the September 2017 Term (M-5664). The cross-motion for an enlargement is granted to the extent of enlarging the time to perfect same to said September 2017 Term (M-5986). Entered: February 23, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick,Justices

M-5986

M-5664

Index No. 654326/13