| EDWARD M. LILLY V DAVID S. SCHAUBERT, LOUIS M. PALMERI, MICHAEL J. GENTILE, - . |
| Motion No: CA 08-01713 |
| Slip Opinion No: 2008 NYSlipOp 82862(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 08-01713
| EDWARD M. LILLY, PLAINTIFF-APPELLANT, V DAVID S. SCHAUBERT,
LOUIS M. PALMERI, MICHAEL J. GENTILE, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Respondents Michael J. Gentile and David S. Schaubert 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 Niagara on May 12, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian D. Gwitt sworn to August 11, 2008, the affirmation of Paul I. Perlman dated August 13, 2008, the notices of motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted, and the appeal is dismissed without costs.
Entered: September 2, 2008
JoAnn M. Wahl, Clerk