| JAMES CORLE, BOTH INDIVIDUALLY AND ON BEHALF OF HIS INFANT SON, COLIN CORLE V ALLSTATE INSURANCE COMPANY |
| Motion No: CA 15-01081 |
| Slip Opinion No: 2017 NY Slip Op 87462(U) |
| Decided on September 25, 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 15-01081
| JAMES CORLE, BOTH INDIVIDUALLY AND ON BEHALF OF HIS INFANT SON, COLIN
CORLE, PLAINTIFF-RESPONDENT, V ALLSTATE INSURANCE COMPANY, 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 February 23, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael A. Donlon, Esq., sworn to August 21, 2017, the notice of motion with proof of service thereof, and the affirmation of Jessica L. Foscolo, Esq., dated September 19, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary on the ground that the appeal was previously dismissed when it was not perfected on or before September 30, 2015, pursuant to this Court's orders entered July 14, 2015, and July 27, 2015.
Entered: September 25, 2017
Frances E. Cafarell, Clerk