JAMES C. WEBER, - V HARVEY J. VANZANDT
Motion No: CA 07-01812
Slip Opinion No: 2007 NYSlipOp 79899(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 07-01812

JAMES C. WEBER, PLAINTIFF-RESPONDENT, ET AL., PLAINTIFF,
V
HARVEY J. VANZANDT, DEFENDANT-APPELLANT.

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 Oswego on May 8, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Stephen W. Gebo sworn to

September 6, 2007, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: October 2, 2007

JoAnn M. Wahl, Clerk