| CHARLES STIGLMEIER V DTE TONAWANDA LLC AND G & J CONTRACTING |
| Motion No: CA 07-02294 |
| Slip Opinion No: 2007 NYSlipOp 83641(U) |
| Decided on November 13, 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 07-02294
| CHARLES STIGLMEIER, ET AL., PLAINTIFFS, V DTE TONAWANDA LLC,
DEFENDANT-RESPONDENT, AND G & J CONTRACTING, 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 Erie on July 16, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Ryan J. Lucinski dated October 30, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Wendy A. Scott sworn to November 7, 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
January 15, 2008.
Entered: November 13, 2007
JoAnn M. Wahl, Clerk