Opinion
DOCKET NO. CA 16-01853 DOCKET NO. CA 16-01854
11-22-2017
NICK'S GARAGE, INC., PLAINTIFF-APPELLANT, v. GEICO INDEMNITY COMPANY, GOVERNMENT EMPLOYEES INSURANCE COMPANY, GEICO GENERAL INSURANCE COMPANY, AND GEICO CASUALTY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JEFFREY'S AUTO BODY, INC., PLAINTIFF-APPELLANT, v. GEICO INDEMNITY COMPANY, GOVERNMENT EMPLOYEES INSURANCE COMPANY, GEICO GENERAL INSURANCE COMPANY, AND GEICO CASUALTY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
PRESENT:
Respondents having moved to dismiss the appeals taken herein from orders and judgments of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on January 11, 2016, on the ground that appellants failed to perfect timely the appeals, and appellant having cross-moved to vacate dismissal of the appeals and for other relief,
Now, upon reading and filing the affirmation of Heather K. Zimmerman, Esq., dated November 8, 2017, the affirmation of Cecelia R. S. Cannon, Esq., dated November 15, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is dismissed as unnecessary inasmuch as the appeals were dismissed pursuant to the Court's order entered May 22, 2017, and
It is further ORDERED that appellants' cross motion is granted, insofar as it seeks to vacate dismissal of the appeals, on the condition that appellant perfects the appeals on or before January 22, 2018, and the cross motion is otherwise dismissed.
Entered: November 22, 2017
Mark W. Bennett, Clerk