| CYNTHIA J. MATTHEWS V KEVIN T. SMALLRIDGE AND KSPM VENDING |
| Motion No: CA 08-01110 |
| Slip Opinion No: 2008 NYSlipOp 74718(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. |
DOCKET NO. CA 08-01110
| CYNTHIA J. MATTHEWS, PLAINTIFF-APPELLANT, V KEVIN T.
SMALLRIDGE AND KSPM VENDING, 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 Monroe on December 11, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of David F. Bowen sworn to May 15, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Cynthia J. Matthews sworn to May 23, 2008, the opposing affirmation of Timothy R. Mandronico dated May 23, 2008, the notice of cross motion with proof of service thereof,
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, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: June 5, 2008
JoAnn M. Wahl, Clerk