LINDA HUBBARD BRADY V BOICE LYDELL
Motion No: CA 08-00231
Slip Opinion No: 2008 NYSlipOp 64937(U)
Decided on February 20, 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 20, 2008

DOCKET NO. CA 08-00231

LINDA HUBBARD BRADY, PLAINTIFF-APPELLANT,

V

BOICE LYDELL, DEFENDANT-RESPONDENT.


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 19, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael E. Ferdman dated

January 30, 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 20, 2008

JoAnn M. Wahl, Clerk