| BRIAN J. SMITH V ROMESH K. KOHLI |
| Motion No: CA 08-02043 |
| Slip Opinion No: 2008 NYSlipOp 87779(U) |
| Decided on October 22, 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 08-02043
| BRIAN J. SMITH, PLAINTIFF-APPELLANT, V ROMESH K. KOHLI,
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 Erie on July 1, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas P. Durkin dated September 27, 2008, the notice of motion with proof of service thereof, the opposing undated affirmation of Stephen C. Halpern,
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 22, 2008
JoAnn M. Wahl, Clerk