KENNETH ADAMS V JOHN P. MAZZA
Motion No: CA 07-01137
Slip Opinion No: 2007 NYSlipOp 79896(U)
Decided on October 2, 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.


October 2, 2007

DOCKET NO. CA 07-01137

KENNETH ADAMS, PLAINTIFF-APPELLANT,
V
JOHN P. MAZZA, 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 April 3, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Lawrence M. Rubin sworn to

August 24, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Richard P. Amico dated September 28, 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

October 31, 2007.

Entered: October 2, 2007

JoAnn M. Wahl, Clerk