| GEORGE EAGAN GINTHER V HOWARD S. ROSENHOCH, ESQ., AND JAECKLE, FLEISCHMANN & MUGEL |
| Motion No: CA 07-00136 |
| Slip Opinion No: 2007 NYSlipOp 79874(U) |
| Decided on October 1, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-00136
| GEORGE EAGAN GINTHER, PLAINTIFF-APPELLANT, V HOWARD S. ROSENHOCH, ESQ., AND JAECKLE, FLEISCHMANN & MUGEL, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2006, and respondents having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affidavit of George Eagan Ginther sworn to
September 21, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Elizabeth M. Bergen sworn to September 25, 2007, the notice of cross motion with proof of service thereof, the reply affidavit of George Eagan Ginther sworn to September 27, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that appellant shall perfect the appeal on or before November 30, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 1, 2007
JoAnn M. Wahl, Clerk