| CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JULIE OURSLER, DECEASED V ROBERT E. BRENNAN |
| Motion No: CA 08-01231 |
| Slip Opinion No: 2008 NYSlipOp 77329(U) |
| Decided on July 1, 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 08-01231
| CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE
ESTATE OF JULIE OURSLER, DECEASED, PLAINTIFF-APPELLANT, V ROBERT E. BRENNAN, DEFENDANT-APPELLANT, MALBEAT, INC., DOING
BUSINESS AS MALLWITZ'S ISLAND LANES, COUNTY OF ERIE AND TOWN OF GRAND ISLAND,
DEFENDANTS-RESPONDENTS. |
Respondent Malbeat, Inc. having moved to dismiss the appeal taken by plaintiff from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 14, 2008, on the ground that plaintiff has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Patricia Stroman Walker sworn to May 29, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated June 20, 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 22, 2008.
Entered: July 1, 2008
JoAnn M. Wahl, Clerk