| CREDIT CAPITAL, INC. V IAW, FONDS DE TITRISATION , AND BANQUE DE LUXEMBOURG |
| Motion No: CA 08-02089 |
| Slip Opinion No: 2008 NYSlipOp 88297(U) |
| Decided on October 31, 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 08-02089
| CREDIT CAPITAL, INC., PLAINTIFF-APPELLANT, V IAW, FONDS DE
TITRISATION, ET AL., DEFENDANTS, AND BANQUE DE LUXEMBOURG, 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 Monroe on July 30, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paul L. Leclair sworn to October 7, 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: October 31, 2008
JoAnn M. Wahl, Clerk