| JOSEPH GENTILE V CAROL GENTILE |
| Motion No: CA 07-02389 |
| Slip Opinion No: 2007 NYSlipOp 85427(U) |
| Decided on December 4, 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 07-02389
| JOSEPH GENTILE, PLAINTIFF, V CAROL GENTILE,
DEFENDANT. JOSEPH GENTILE, THIRD-PARTY PLAINTIFF-APPELLANT, V JOSEPH L. KILBRIDGE, ESQ., AND PETER J. FIORELLA, JR., ESQ.,
THIRD-PARTY DEFENDANTS-RESPONDENTS. |
Respondents 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 August 24, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of J. Michael Lennon sworn to
November 14, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Michael W. Rickard, II sworn to November 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
February 1, 2008.
Entered: December 4, 2007
JoAnn M. Wahl, Clerk