| MARY E. EARSING V ROBSHAW & ASSOCIATES, P.C. |
| Motion No: CA 08-01252 |
| Slip Opinion No: 2008 NYSlipOp 88324(U) |
| Decided on November 5, 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 08-01252
| MARY E. EARSING, PLAINTIFF-APPELLANT, V ROBSHAW &
ASSOCIATES, P.C., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 12, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jay A. Wechsler dated October 9, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Mary E. Earsing sworn to October 29, 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 January 5, 2009.
Entered: November 5, 2008
JoAnn M. Wahl, Clerk