ERIK CRANDALL V WRIGHT WISNER DISTRIBUTING CORP., ALLIANCE DOOR AND HARDWARE, INC., OGDEN BUILDING SERVICES, INC., - .
Motion No: CA 08-02197
Slip Opinion No: 2008 NYSlipOp 92414(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.


December 16, 2008

DOCKET NO. CA 08-02197

ERIK CRANDALL, PLAINTIFF-APPELLANT,

V

WRIGHT WISNER DISTRIBUTING CORP., ALLIANCE DOOR AND

HARDWARE, INC., OGDEN BUILDING SERVICES, INC.,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


Respondent Ogden Building Services, Inc. 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 Monroe on July 7, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Lorraine Rann Mertell sworn to October 23, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David A. Johns dated November 25, 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