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

DOCKET NO. CA 18-00425

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 January 4, 2018, or, in the alternative, to strike the record on appeal filed by appellant on October 23, 2018, and for other relief,

Now, upon reading and filing the affirmation of Roy A. Mura, Esq., dated October 25, 2018, the notice of motion with proof of service thereof, the affidavit of Paula L. Gibbs sworn to November 5, 2018, and the affirmation of Daniel S. Gvertz, Esq., dated November 7, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks dismissal of the appeal, and

It is further ORDERED that the motion is granted insofar as it seeks to strike the record on appeal, and the record is deemed stricken, and

It is further ORDERED that the appeal is removed from the term of this Court commencing February 19, 2019, and

It is further ORDERED that the Clerk of the Court shall return appellant's briefs and record, and

It is further ORDERED that appellant shall perfect the appeal by filing and serving a record on appeal that complies with Supreme Court's order settling the record on or before December 26, 2018, and in the event of failure to do so, the appeal shall be deemed dismissed without further order, and

It is further ORDERED that respondent shall file and serve a respondent's brief pursuant to 22 NYCRR 1250.9 (c), and

It is further ORDERED that the motion is denied without prejudice insofar as respondent seeks sanctions, costs, and fees.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: November 27, 2018

Mark W. Bennett, Clerk