| EDWARD M. LILLY V DAVID S. SCHAUBERT |
| Motion No: CA 08-01414 |
| Slip Opinion No: 2008 NYSlipOp 84556(U) |
| Decided on September 29, 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 08-01414
| EDWARD M. LILLY, PLAINTIFF-APPELLANT, V DAVID S. SCHAUBERT,
DEFENDANT-RESPONDENT. |
Respondent 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 29, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of F. Warren Kahn dated September 12, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: September 29, 2008
JoAnn M. Wahl, Clerk