| PAUL RUDAT V MARK COLF EXCAVATING, INC., JAMES ROSE AND MARYANN ROSE |
| Motion No: CA 08-02053 |
| Slip Opinion No: 2009 NYSlipOp 60291(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 08-02053
| PAUL RUDAT, PLAINTIFF-APPELLANT, V MARK COLF EXCAVATING, INC.,
JAMES ROSE AND MARYANN ROSE, 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 Ontario on September 11, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas P. Cunningham sworn to December 15, 2008, the affidavit of Matthew E.Whritenour sworn to December 18, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Richard P. Amico dated December 30, 2008,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 6, 2009.
Entered: January 5, 2009
JoAnn M. Wahl, Clerk