| CHERI ANN DRECHSEL, V GEORGE M. NARBY, M.D., . |
| Motion No: CA 08-00167 |
| Slip Opinion No: 2008 NYSlipOp 75251(U) |
| Decided on June 18, 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 08-00167
| CHERI ANN DRECHSEL, PLAINTIFF-APPELLANT-RESPONDENT, V GEORGE
M. NARBY, M.D., DEFENDANT-RESPONDENT-APPELLANT. |
Appellant-respondent having moved to dismiss the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 3, 2007, on the ground that respondent-appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Gregory Stamm sworn to May 29, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kathleen M. Sweet sworn to June 6, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before July 1, 2008.
Entered: June 18, 2008
JoAnn M. Wahl, Clerk