| HELLAS, INC. DOING BUSINESS AS PIXLEY'S RESTAURANT V DAVID A. BRUNETTI ALSO KNOWN AS DAVE BRUNETTI DOING BUSINESS AS |
| Motion No: CA 08-00291 |
| Slip Opinion No: 2008 NYSlipOp 64988(U) |
| Decided on February 26, 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 08-00291
| HELLAS, INC. DOING BUSINESS AS PIXLEY'S RESTAURANT,
PLAINTIFF-RESPONDENT, V DAVID A. BRUNETTI ALSO KNOWN AS DAVE BRUNETTI DOING BUSINESS AS "CUSTOMER BOOTHS",
DEFENDANT-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 Monroe on September 4, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Angelo T. Calleri dated
February 6, 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 26, 2008
JoAnn M. Wahl, Clerk