WILLETTE HARRIS V EILEEN JACKSON .
Motion No: CA 08-01056
Slip Opinion No: 2008 NYSlipOp 73741(U)
Decided on May 27, 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.


May 27, 2008

DOCKET NO. CA 08-01056

WILLETTE HARRIS, PLAINTIFF,

V

EILEEN JACKSON, ET AL., DEFENDANTS.



CELLINO & BARNES, P.C., PETITIONER-RESPONDENT,

V

CHARLES L. DAVIS, RESPONDENT-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 Erie on March 3, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Gregory V. Pajak dated May 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Charles L. Davis sworn to May 21, 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 28, 2008.

Entered: May 27, 2008

JoAnn M. Wahl, Clerk