| EARL OWENS V ALLEGANY CO-OP INSURANCE COMPANY AND ARNOLD & BENTON AGENCY, INC. |
| Motion No: CA 17-00089 |
| Slip Opinion No: 2017 NY Slip Op 65799(U) |
| Decided on March 1, 2017 |
| 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 17-00089
| EARL OWENS, PLAINTIFF-RESPONDENT, V ALLEGANY CO-OP INSURANCE
COMPANY, DEFENDANT, AND ARNOLD & BENTON AGENCY, INC., DEFENDANT-APPELLANT. |
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 Steuben on May 28, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jacob P. Welch, Esq., dated January 10, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary (see 22 NYCRR 1000.12 [b]).
Entered: March 1, 2017
Frances E. Cafarell, Clerk