| MATTER OF MICHAEL DESIDERIO, JR., INDIVIDUALLY AND AS SOLE OFFICER AND SHAREHOLDER OF M & S OF WEST SENECA, INC. V NEW |
| Motion No: CA 07-02681 |
| Slip Opinion No: 2007 NYSlipOp 87755(U) |
| Decided on December 31, 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 07-02681
| MATTER OF MICHAEL DESIDERIO, JR., INDIVIDUALLY AND AS SOLE OFFICER
AND SHAREHOLDER OF M & S OF WEST SENECA, INC., PETITIONER-RESPONDENT, V NEW YORK STATE LIQUOR AUTHORITY,
RESPONDENT-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 September 12, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Stachowski sworn to
December 17, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Mark D. Frering dated December 20, 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 29, 2008.
Entered: December 31, 2007
JoAnn M. Wahl, Clerk