| DARTNELL ENTERPRISES, INC. V HEWLETT-PACKARD COMPANY (INDIVIDUALLY, AND AS SUCCESSOR-IN-INTEREST TO COMPAQ COMPUTER |
| Motion No: CA 08-00746 |
| Slip Opinion No: 2008 NYSlipOp 69865(U) |
| Decided on April 21, 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 08-00746
| DARTNELL ENTERPRISES, INC., PLAINTIFF-APPELLANT, V
HEWLETT-PACKARD COMPANY (INDIVIDUALLY, AND AS SUCCESSOR-IN-INTEREST TO COMPAQ COMPUTER CORPORATION),
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 Monroe on December 11, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Beryl Nusbaum sworn to April 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of A. Vincent Buzard dated April 16, 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 June 20, 2008.
Entered: April 21, 2008
JoAnn M. Wahl, Clerk