PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02278

VICTORIA T. ENTERPRISES, INC., DOING BUSINESS AS GEORGETOWN SQUARE WINE & LIQUOR, PLAINTIFF-APPELLANT, V CHARMER INDUSTRIES, INC., SERVICE-UNIVERSAL DISTRIBUTORS, INC., EBER BROS. WINE & LIQUOR CORPORATION, EBER-NDC, LLC, PEERLESS IMPORTERS, INC., COLONY LIQUOR AND WINE DISTRIBUTORS, LLC, SOUTHERN WINE & SPIRITS OF NEW YORK, INC., SOUTHERN WINE & SPIRITS OF UPSTATE NEW YORK, INC., AND STATE LIQUOR AUTHORITY, DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2008, on the ground, inter alia, that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Richard L Burstein dated October 30, 2008, the affirmation of Malcolm I. Lewin dated November 5, 2008, the affirmation of Robert T. Smith dated November 6, 2008, the affidavit of Melanie L. Sarkis sworn to November 10, 2008, the notices of motion with proof of service thereof, the opposing affidavit of Rodger P. Doyle, Jr. sworn to November 20, 2008, the reply affirmation of Robert T. Smith dated November 25, 2008, the reply affirmation of Malcolm I. Lewin dated November 25, 2008, the reply affirmation of Richard L. Burstein dated November 25,2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before February 2, 2009, and the motions are otherwise denied (see CPLR 5520 [a]).

Entered: December 3, 2008

JoAnn M. Wahl, Clerk