| MELINDA BROWN V ROBIN HARDING , AND ROBERT BELL |
| Motion No: CA 08-02400 |
| Slip Opinion No: 2008 NYSlipOp 92410(U) |
| Decided on December 16, 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 08-02400
| MELINDA BROWN, PLAINTIFF-APPELLANT, V ROBIN HARDING, ET AL.,
DEFENDANTS, AND ROBERT BELL, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter J. Cambs, Sr. sworn to November 14, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Stephen F. Pusatier sworn to November 17, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 13, 2009.
Entered: December 16, 2008
JoAnn M. Wahl, Clerk