| JACK L. DIPASQUALE, V M.J. OGIONY BUILDERS, INC., AND FISHER HOMES, LLC, . |
| Motion No: CA 08-01642 |
| Slip Opinion No: 2008 NYSlipOp 83925(U) |
| Decided on September 23, 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 08-01642
| JACK L. DIPASQUALE, PLAINTIFF-RESPONDENT-APPELLANT, V M.J.
OGIONY BUILDERS, INC., AND FISHER HOMES, LLC, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellant-respondent Fisher Homes, Inc. having moved to dismiss the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 1, 2008, on the ground that respondent-appellant has failed to perfect timely the cross appeal,
Now, upon reading and filing the affirmation of Kevin E. Loftus dated September 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated September 18, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before October 7, 2008.
Entered: September 23, 2008
JoAnn M. Wahl, Clerk