| BETA OF DUNKIRK, LLC V CHADWICK BAY ASSOCIATES, LLC, AND MAIN/FOURTH PARTNERS, LLC |
| Motion No: CA 08-01057 |
| Slip Opinion No: 2008 NYSlipOp 72732(U) |
| Decided on May 19, 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 08-01057
| BETA OF DUNKIRK, LLC, PLAINTIFF-APPELLANT, V CHADWICK BAY
ASSOCIATES, LLC, AND MAIN/FOURTH PARTNERS, LLC, DEFENDANTS-RESPONDENTS. |
Respondents 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 Chautauqua on February 26, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Hugh C. Carlin sworn to May 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan J. Bozer dated May 15, 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 18, 2008.
Entered: May 19, 2008
JoAnn M. Wahl, Clerk