| JACQULYN A. MERCHANT V C.F. DEMARTINO AND JENNIFER L. RICE |
| Motion No: CA 08-01997 |
| Slip Opinion No: 2008 NYSlipOp 85858(U) |
| Decided on October 7, 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 08-01997
| JACQULYN A. MERCHANT, PLAINTIFF-APPELLANT, V C.F. DEMARTINO
AND JENNIFER L. RICE, DEFENDANTS-RESPONDENTS. |
Respondent Jennifer L. Rice 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 April 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Norman E.S. Greene dated September 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of William R. Falcone sworn to October 2, 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 December 5, 2008.
Entered: October 7, 2008
JoAnn M. Wahl, Clerk