| CHARLES HARRISON AND KATHRYN HARRISON V ALLSTATE INDEMNITY COMPANY ET AL |
| Motion No: CA 17-01170 |
| Slip Opinion No: 2017 NY Slip Op 83862(U) |
| Decided on August 23, 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: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND SCUDDER, JJ.
DOCKET NO. CA 17-01170
| CHARLES HARRISON AND KATHRYN HARRISON,
PLAINTIFFS-RESPONDENTS, V ALLSTATE INDEMNITY COMPANY, DEFENDANT-APPELLANT, ET AL,
DEFENDANTS. |
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 Steuben on March 14, 2017, on the ground that appellant failed to perfect timely the appeal, and appellant cross-moves for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Anna Czarples, Esq., dated June 20, 2017, the affirmation of Katy M. Hedges, Esq., dated July 25, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 23, 2017, and
It is further ORDERED that the cross motion is dismissed as unnecessary, and
It is further ORDERED that the notice of appeal is hereby deemed to be a valid notice of appeal from the order entered March 31, 2017 (see CPLR 5520 [c]).
Entered: August 23, 2017
Frances E. Cafarell, Clerk