Opinion
Motion No: CA 11-00121
08-04-2011
NEW YORK MARINE AND GENERAL INSURANCE COMPANY, TIME SQUARE CONSTRUCTION, INC., AND 47 EAST 34TH PARTNERS, LP, PETITIONERS-RESPONDENTS-APPELLANTS, v. ASPEN SPECIALTY INSURANCE COMPANY, NAVILLUS TILE, INC., DOING BUSINESS AS NAVILLUS CONTRACTING, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.
PRESENT: R, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant Aspen Specialty Insurance Company having moved to vacate the dismissal of its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2010,
Now, upon reading and filing the affidavit of Diane F. Bosse, Esq., sworn to July 21, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered June 6, 2011, is hereby amended by deleting the date August 5, 2011, and inserting in its place the date October 3, 2011.
Patricia L. Morgan, Clerk