| RYAN BELVEDERE V HOLIDAY VALLEY, INC. AND WIN-SUM SKI CORP. |
| Motion No: CA 08-01652 |
| Slip Opinion No: 2008 NYSlipOp 80667(U) |
| Decided on August 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 08-01652
| RYAN BELVEDERE, PLAINTIFF-APPELLANT, V HOLIDAY VALLEY, INC.
AND WIN-SUM SKI CORP., 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 Cattaraugus on May 15, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven M. Zweig sworn to August 1, 2008, the notice of motion with proof of service thereof, the opposing affirmation of F. Brendan Burke, Jr. dated August 12, 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 17, 2008.
Entered: August 18, 2008
JoAnn M. Wahl, Clerk