Owens v. Allegany Co-op. Ins. Co.

Full title: EARL OWENS, PLAINTIFF-RESPONDENT, v. ALLEGANY CO-OP INSURANCE COMPANY…

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

Date published: Mar 1, 2017

2017 N.Y. Slip Op. 65799 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00089

03-01-2017

EARL OWENS, PLAINTIFF-RESPONDENT, v. ALLEGANY CO-OP INSURANCE COMPANY, DEFENDANT, AND ARNOLD & BENTON AGENCY, INC., DEFENDANT-APPELLANT.

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

PRESENT:

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 Steuben on May 28, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Jacob P. Welch, Esq., dated January 10, 2017, 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 dismissed as unnecessary (see 22 NYCRR 1000.12 [b]).

Entered: March 1, 2017

Frances E. Cafarell, Clerk