| ROBERT L. WEITZEL V NORTHERN GOLF, INC. AND MCR UPSTATE DEVELOPMENT, LLC |
| Motion No: CA 08-01311 |
| Slip Opinion No: 2008 NYSlipOp 77334(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 08-01311
| ROBERT L. WEITZEL, PLAINTIFF-APPELLANT, V NORTHERN GOLF, INC.,
DEFENDANT, AND MCR UPSTATE DEVELOPMENT, LLC, DEFENDANT-RESPONDENT. |
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 Livingston on February 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Russell E. Maines dated June 16, 2008, the notice of 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 costs.
Entered: July 1, 2008
JoAnn M. Wahl, Clerk