| JOANN GUY V TEN NINETY THREE DELAWARE ASSOCIATES, A NEW YORK PARTNERSHIP, DANIEL MARINELLO, GEORGE PATTERSON, GEORGE |
| Motion No: CA 08-02079 |
| Slip Opinion No: 2008 NYSlipOp 88614(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 08-02079
| JOANN GUY, PLAINTIFF-APPELLANT, V TEN NINETY THREE DELAWARE
ASSOCIATES, A NEW YORK PARTNERSHIP, DANIEL MARINELLO, GEORGE PATTERSON, GEORGE DANAKAS, INDIVIDUALLY AND AS GENERAL PARTNERS
OF TEN NINETY THREE DELAWARE ASSOCIATES AND AS OWNER OF TEN NINETY THREE DELAWARE AVENUE AND AURORA MEDICAL GROUP, P.C.,
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 July 8, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John Wallace dated October 3, 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: November 5, 2008
JoAnn M. Wahl, Clerk