| JOSEPH P. HYLANT V MANUFACTURERS AND TRADERS TRUST COMPANY |
| Motion No: CA 08-00918 |
| Slip Opinion No: 2008 NYSlipOp 71420(U) |
| Decided on May 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. |
DOCKET NO. CA 08-00918
| JOSEPH P. HYLANT, PLAINTIFF-APPELLANT, V MANUFACTURERS AND
TRADERS TRUST COMPANY, 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 January 17, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Ryan K. Cummings dated April 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Joseph P. Hylant sworn to May 3, 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 July 3, 2008.
Entered: May 5, 2008
JoAnn M. Wahl, Clerk