| U.S. NATIONAL ASSOCIATION, TRUSTEE V THE HEIRS OF THE ESTATE OF RICHARD D. MARTINEAU, ANY DEVISEES, DISTRIBUTEES OR |
| Motion No: CA 07-02643 |
| Slip Opinion No: 2008 NYSlipOp 60654(U) |
| Decided on January 3, 2008 |
| 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 07-02643
| U.S. NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF-APPELLANT, V THE
HEIRS OF THE ESTATE OF RICHARD D. MARTINEAU, ANY DEVISEES, DISTRIBUTEES OR SUCCESSORS IN INTEREST OF THE LATE RICHARD D. MARTINEAU,
IF THEY BE LIVING OR DEAD, THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES, AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND
PLACES OF RESIDENCES ARE UNKNOWN TO PLAINTIFF, STATE OF NEW YORK, UNITED STATES OF AMERICA, JOHN DOES AND JANE DOES,
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 Niagara on September 14, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Dennis J. Bischof dated
December 14, 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: January 3, 2008
JoAnn M. Wahl, Clerk