PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY COMPANY
Motion No: CA 17-01540
Slip Opinion No: 2017 NY Slip Op 93207(U)
Decided on November 21, 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.


November 21, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-01540

PAULA L. GIBBS, PLAINTIFF-APPELLANT,

V

STATE FARM FIRE AND CASUALTY COMPANY,

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 Erie on July 18, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Eric T. Boron, Esq., dated November 8, 2017, the notice of motion with proof of service thereof, and the affidavit of Paula L. Gibbs sworn to November 13, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 22, 2018.

Entered: November 21, 2017

Mark W. Bennett, Clerk