| SHEILA WILKOWSKI V BIG LOTS STORES, INC., SOUTH OGDEN ASSOCIATES, DONALD H. SMITH, DOING BUSINESS AS SOUTH OGDEN |
| Motion No: CA 08-01233 |
| Slip Opinion No: 2008 NYSlipOp 88331(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 08-01233
| SHEILA WILKOWSKI, PLAINTIFF-APPELLANT, V BIG LOTS STORES, INC.,
SOUTH OGDEN ASSOCIATES, DONALD H. SMITH, DOING BUSINESS AS SOUTH OGDEN ASSOCIATES, GARY S. SMITH, DOING BUSINESS AS SOUTH OGDEN
ASSOCIATES, AND HAROLD J. SMITH, DOING BUSINESS AS SOUTH OGDEN ASSOCIATES,
DEFENDANTS-RESPONDENTS. |
Respondents 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 May 5, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Patric R. O'Brien sworn to October 14, 2008, the affidavit of Michael A. Riehler sworn to October 15, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Kenneth P. Bernas dated October 23, 2008, the notice of cross motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 5, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 5, 2008
JoAnn M. Wahl, Clerk