In the Matter of the Arbitration of Certain Controversies between Technology Insurance Company

Motion No: M-5294

Slip Opinion No: 2019 NYSlipOp 60805(U)

Decided on January 15, 2019

Appellate Division, First 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.

January 15, 2019

In the Matter of the Arbitration of

Certain Controversies between

Technology Insurance Company, Inc., Petitioner-Appellant,

v

Progressive Max Insurance Company,

Respondent-Respondent.

An appeal having been taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 8, 2017, And petitioner-appellant having moved for vacatur of the dismissal of the appeal, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a) and, upon vacatur, an enlargement of time to perfect same, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal of defendant-appellant's appeal, and enlarging the time to perfect same to the May 2019 Term (see, 22 NYCRR 1250.10). ENTERED: January 15, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-5294

Index No. 652376/17