| ROGER CARROW V STEPHEN BOGARD |
| Motion No: CA 08-02178 |
| Slip Opinion No: 2009 NYSlipOp 62237(U) |
| Decided on January 27, 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 08-02178
| ROGER CARROW, PLAINTIFF-APPELLANT, V STEPHEN BOGARD,
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 Erie on October 7, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John Wallace dated December 29, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard P. Amico dated January 6, 2009,
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 27, 2009.
Entered: January 27, 2009
JoAnn M. Wahl, Clerk