CHERI ANN DRECHSEL, V GEORGE M. NARBY, M.D., .
Motion No: CA 08-00167
Slip Opinion No: 2008 NYSlipOp 62999(U)
Decided on February 5, 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.


February 5, 2008

DOCKET NO. CA 08-00167

CHERI ANN DRECHSEL, PLAINTIFF-APPELLANT-RESPONDENT,

V

GEORGE M. NARBY, M.D., DEFENDANT-RESPONDENT-APPELLANT.


Respondent-appellant 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 October 3, 2007, on the ground that appellant-respondent has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Kathleen M. Sweet sworn to

January 22, 2008, 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: February 5, 2008

JoAnn M. Wahl, Clerk