| MEDICAL CARE OF WESTERN NEW YORK V ALLSTATE INSURANCE COMPANY |
| Motion No: CA 18-01209 |
| Slip Opinion No: 2018 NY Slip Op 81279(U) |
| Decided on August 22, 2018 |
| 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: PERADOTTO, DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
DOCKET NO. CA 18-01209
| MEDICAL CARE OF WESTERN NEW YORK, PLAINTIFF-RESPONDENT, V
ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file a notice of appeal pursuant to CPLR 5520 (a), and for an extension of time perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 1, 2017,
Now, upon reading and filing the affirmation of Jerry Marti, Esq., dated July 3, 2018, the notice of motion with proof of service thereof, and the affirmation of Daniel K. Morris, Esq., dated July 16, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to file the notice of appeal pursuant to CPLR 5520 (a) is granted, and the appeal is deemed to be timely filed and served (see 22 NYCRR 1245.7 [a] [1], [a] [2], [b], [c]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before October 1, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 22, 2018
Mark W. Bennett, Clerk