AMMIE C. KAPCHECK V UNITED REFINING COMPANY, INC., UNITED REFINING COMPANY OF PENNSYLVANIA DOING BUSINESS AS KWIK
Motion No: CA 08-01109
Slip Opinion No: 2008 NYSlipOp 74716(U)
Decided on June 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.


June 5, 2008

DOCKET NO. CA 08-01109

AMMIE C. KAPCHECK, PLAINTIFF-RESPONDENT,

V

UNITED REFINING COMPANY, INC., UNITED REFINING COMPANY OF

PENNSYLVANIA DOING BUSINESS AS KWIK FILL-PULASKI, NY,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.


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 Oswego on January 30, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Amy M. Vanderlyke dated May 19, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Suzanne K. Lehman sworn to May 22, 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 7, 2008.

Entered: June 5, 2008

JoAnn M. Wahl, Clerk