Opinion
DOCKET NO. CA 18-01230
08-22-2018
GREGORY L. PETERSON AND CYNTHIA H. PETERSON, PLAINTIFFS-APPELLANTS, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT.
PRESENT:
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 31, 2017, and respondent having cross-moved to dismiss the appeal for failure to timely file the notice of appeal,
Now, upon reading and filing the affidavit of Jennifer M. Van Voorhis, Esq., sworn to July 6, 2018, the affidavit of James Graber, Esq., sworn to July 18, 2018, 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 appellants' motion is granted, and appellants shall perfect the appeal on or before October 22, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
It is further ORDERED that respondent's cross motion is denied and the notice of appeal is hereby deemed to be timely served and filed (see CPLR 5520 [a]).
Entered: August 22, 2018
Mark W. Bennett, Clerk