| CHARLES L. DAVIS V MONROE MUFFLER/BRAKE & SERVICE, INC. |
| Motion No: CA 07-01755 |
| Slip Opinion No: 2007 NYSlipOp 79146(U) |
| Decided on September 24, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 07-01755
| CHARLES L. DAVIS, PLAINTIFF-APPELLANT, V MONROE MUFFLER/BRAKE & SERVICE, INC., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on May 14, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John Wallace sworn to August 24, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Charles L. Davis sworn to September 21, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
November 23, 2007.
Entered: September 24, 2007
JoAnn M. Wahl, Clerk