| JOAN KIERSZNOWSKI V GREGORY B. SHANKMAN, M.D., P.C. , AND YALE MATERIALS HANDLING CORPORATION |
| Motion No: CA 08-02617 |
| Slip Opinion No: 2009 NYSlipOp 60287(U) |
| Decided on January 5, 2009 |
| 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 08-02617
| JOAN KIERSZNOWSKI, PLAINTIFF-APPELLANT, V GREGORY B.
SHANKMAN, M.D., P.C., ET AL., DEFENDANTS, AND YALE MATERIALS HANDLING CORPORATION,
DEFENDANT-RESPONDENT. |
Respondent 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 Oneida on August 22, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John P. Freedenberg sworn to December 17, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael S. Porter sworn to December 23, 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 March 2, 2009.
Entered: January 5, 2009
JoAnn M. Wahl, Clerk