| FEUERSTEIN & SMITH, LLP V KELLY L. FLAHIVE |
| Motion No: CA 08-01669 |
| Slip Opinion No: 2008 NYSlipOp 82256(U) |
| Decided on September 2, 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 08-01669
| FEUERSTEIN & SMITH, LLP, PLAINTIFF-RESPONDENT, V KELLY L.
FLAHIVE, DEFENDANT-APPELLANT. |
Respondent 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 January 22, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark E. Guglielmi sworn to August 6, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kelly L. Flahive sworn to August 21, 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 November 3, 2008.
Entered: September 2, 2008
JoAnn M. Wahl, Clerk