PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY COMPANY
Motion No: NOS. CA 18-00425, CA 18-01253, CA 18-02159, AND CA 18-02160
Slip Opinion No: 2019 NY Slip Op 63778(U)
Decided on February 21, 2019
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.


February 21, 2019

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

DOCKET NOS. CA 18-00425, CA 18-01253, CA 18-02159, AND CA 18-02160

PAULA L. GIBBS, PLAINTIFF-APPELLANT,

V

STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 4, 2018, May 18, 2018, June 21, 2018, and October 23, 2018, and for other relief, and respondent having cross-moved to dismiss for failure to timely perfect the appeals taken herein from the orders entered May 18, 2018, and June 21, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ordered that appellant's motion insofar as it seeks an extension of time to perfect the appeal taken herein from the order entered January 4, 2018, is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that appellant's motion insofar as it seeks an extension of time to perfect the appeals from the orders entered May 18, 2018, and June 21, 2018, is granted and appellant shall perfect the appeals on or before April 5, 2019, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that appellant's motion insofar as it seeks an extension of time to perfect the appeal taken herein from the order entered October 23, 2018, is dismissed as premature (see 22 NYCRR 1250.9 [a]), and

It is further ORDERED that appellant's motion is otherwise denied, and

It is further ORDERED that respondent's cross motion is dismissed as moot.

Entered: February 21, 2019

Mark W. Bennett, Clerk