| UNION MUTUAL FIRE INSURANCE COMPANY V 6815 EIGHTH AVE., LLC UTICA FIRST INSURANCE COMPANY . |
| Motion No: CA 18-01440 |
| Slip Opinion No: 2018 NY Slip Op 81291(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. |
DOCKET NO. CA 18-01440
| UNION MUTUAL FIRE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, V
6815 EIGHTH AVE., LLC, DEFENDANT-APPELLANT, UTICA FIRST INSURANCE COMPANY, DEFENDANT-RESPONDENT, ET AL.
DEFENDANTS. |
Plaintiff having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 1, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Brian D. Barnas, Esq., dated July 31, 2018, the notice of motion with proof of service thereof, and the affirmation of Audra S. Zane, Esq., dated August 8, 2018,
It is hereby ORDERED that the motion is granted, and the appeal as against plaintiff is dismissed without costs.
Entered: August 22, 2018
Mark W. Bennett, Clerk