Opinion
DOCKET NO. CA 18-00425 DOCKET NO. CA 18-01253 DOCKET NO. CA 18-02159 DOCKET NO. CA 18-02160
02-21-2019
PAULA L. GIBBS, PLAINTIFF-APPELLANT, v. STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT-RESPONDENT.
PRESENT:
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