| MARGARETTA FOXWORTH V JOHN JENKINS AND ARTHUR E. PHILLIPS |
| Motion No: CA 08-01177 |
| Slip Opinion No: 2008 NYSlipOp 74733(U) |
| Decided on June 9, 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 08-01177
| MARGARETTA FOXWORTH, PLAINTIFF-RESPONDENT, V JOHN JENKINS,
DEFENDANT, AND ARTHUR E. PHILLIPS, DEFENDANT-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 12, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeanne M. Vinal sworn to May 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Wendy A. Scott sworn to May 30, 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 August 8, 2008.
Entered: June 9, 2008
JoAnn M. Wahl, Clerk