| JAMES W. SMITH V DANA WINTER |
| Motion No: CA 08-02042 |
| Slip Opinion No: 2008 NYSlipOp 87805(U) |
| Decided on October 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 08-02042
| JAMES W. SMITH, PLAINTIFF-RESPONDENT, V DANA WINTER,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 18, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Richard T. Sullivan dated September 26, 2008, the notice of motion with proof of service thereof, the opposing affirmation of William R. Hites dated October 16, 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 23, 2008
JoAnn M. Wahl, Clerk