| TAMARA GALLAGHER, AS ADMINISTRATRIX OF THE ESTATE OF PEARL E. GALLAGHER, DECEASED AND INDIVIDUALLY AS THE SURVIVING |
| Motion No: CA 09-00215 |
| Slip Opinion No: 2009 NYSlipOp 63840(U) |
| Decided on February 11, 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 09-00215
| TAMARA GALLAGHER, AS ADMINISTRATRIX OF THE ESTATE OF PEARL E.
GALLAGHER, DECEASED AND INDIVIDUALLY AS THE SURVIVING SPOUSE OF PEARL E. GALLAGHER, PLAINTIFF-APPELLANT, V ULYSSES LUMBER
COMPANY, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
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 Allegany on August 25, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William G. Bauer sworn to January 27, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to February 5, 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 April 10, 2009.
Entered: February 11, 2009
JoAnn M. Wahl, Clerk