Alexander v. N.Y. Cent. Mut.

Full title: HAROLD ALEXANDER, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Aug 16, 2011

Motion No: CA 11-01520 (N.Y. App. Div. Aug. 16, 2011)

Opinion

Motion No: CA 11-01520

08-16-2011

HAROLD ALEXANDER, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL, DEFENDANT-RESPONDENT.

SCUDDER

PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

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 Monroe on March 25, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to July 27, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael J. Kieffer, Esq., sworn to August 8, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 17, 2011.

Patricia L. Morgan, Clerk