| RAYMOND J. ERTEL V FORD CREDIT TITLING TRUST AND FORD MOTOR CREDIT COMPANY |
| Motion No: CA 08-02190 |
| Slip Opinion No: 2008 NYSlipOp 88925(U) |
| Decided on November 6, 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 08-02190
| RAYMOND J. ERTEL, PLAINTIFF-APPELLANT, V FORD CREDIT TITLING
TRUST AND FORD MOTOR CREDIT COMPANY, 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 3, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph Ritzert sworn to October 21, 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 6, 2008
JoAnn M. Wahl, Clerk