MARCIE A. RICHNER V JOSEPH A. SIEJKA
Motion No: CA 08-00261
Slip Opinion No: 2008 NYSlipOp 64974(U)
Decided on February 25, 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 25, 2008

DOCKET NO. CA 08-00261

MARCIE A. RICHNER, PLAINTIFF-APPELLANT,

V

JOSEPH A. SIEJKA, 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 Niagara on October 29, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Thomas P. Durkin dated

February 2, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Charles R. Notaro sworn to February 7, 2008,

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

April 25, 2008.

Entered: February 25, 2008

JoAnn M. Wahl, Clerk