| DEANNA M. KMIOTEK, V GENE M. CHABA AND TOWN OF AMHERST, . |
| Motion No: CA 07-02403 |
| Slip Opinion No: 2008 NYSlipOp 77300(U) |
| Decided on June 30, 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 07-02403
| DEANNA M. KMIOTEK, PLAINTIFF-APPELLANT-RESPONDENT, V GENE
M. CHABA AND TOWN OF AMHERST, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Respondents-appellants having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 13, 2007, on the ground that appellant-respondent has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph DeMarie dated June 4, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Keane sworn to June 9, 2008, the reply affirmation of Joseph DeMarie dated June 18, 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 14, 2008.
Entered: June 30, 2008
JoAnn M. Wahl, Clerk