| RICHARD H. ASHE V THE PYRAMID COMPANIES, SALMON RUN PLAZA, LLC, SALMON RUN SHOPPING CENTER, LLC, AND SALMON RUN MALL |
| Motion No: CA 08-01617 |
| Slip Opinion No: 2008 NYSlipOp 88958(U) |
| Decided on November 12, 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 08-01617
| RICHARD H. ASHE, PLAINTIFF-APPELLANT, V THE PYRAMID
COMPANIES, SALMON RUN PLAZA, LLC, SALMON RUN SHOPPING CENTER, LLC, AND SALMON RUN MALL,
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 Jefferson on June 24, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Matthew S. Lerner dated October 16, 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 12, 2008
JoAnn M. Wahl, Clerk