| CHRISTOPHER BOOS DOING BUSINESS AS MILLENIUM CLOTHING COMPANY V BOULEVARD MALL, LLC AND BOULEVARD MALL SPE, LLC |
| Motion No: CA 08-01647 |
| Slip Opinion No: 2008 NYSlipOp 80182(U) |
| Decided on August 13, 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 08-01647
| CHRISTOPHER BOOS DOING BUSINESS AS MILLENIUM CLOTHING COMPANY,
PLAINTIFF-APPELLANT, V BOULEVARD MALL, LLC AND BOULEVARD MALL SPE, LLC,
DEFENDANTS-RESPONDENTS. |
Respondents 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 February 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph M. Hanna sworn to August 1, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Arthur G. Baumeister, Jr. sworn to August 7, 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 October 10, 2008.
Entered: August 13, 2008
JoAnn M. Wahl, Clerk