| LORI A. FRAZIER, FORMERLY KNOWN AS LORI A. BURTON V JOSEPH G. KELLER, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF EARL |
| Motion No: CA 08-01972 |
| Slip Opinion No: 2008 NYSlipOp 86964(U) |
| Decided on October 21, 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 08-01972
| LORI A. FRAZIER, FORMERLY KNOWN AS LORI A. BURTON,
PLAINTIFF-APPELLANT, V JOSEPH G. KELLER, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF EARL W. PFARNER,
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 Cattaraugus on July 7, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian P. Fitzgerald sworn to September 19, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Theresa M. Walsh sworn to October 7, 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 19, 2008.
Entered: October 21, 2008
JoAnn M. Wahl, Clerk