JONATHAN SEIGER V VINCENT DERCOLE , AND MAX PROPERTIES, LTD.
Motion No: CA 07-01874
Slip Opinion No: 2007 NYSlipOp 79173(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.


September 24, 2007

DOCKET NO. CA 07-01874

JONATHAN SEIGER, PLAINTIFF-APPELLANT,
V
VINCENT DERCOLE, ET AL., DEFENDANTS, AND MAX PROPERTIES,
LTD., DEFENDANT-RESPONDENT.

Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 14, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jeffrey M. Wilkens sworn to

September 14, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Bruce F. Freeman 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 15, 2007.

Entered: September 24, 2007

JoAnn M. Wahl, Clerk