| RICHARD E. COOGAN, SR., AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF ANTHONY M. COOGAN, DECEASED V DANIEL A. D'ANGELO |
| Motion No: CA 09-00210 |
| Slip Opinion No: 2009 NYSlipOp 63848(U) |
| Decided on February 13, 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 09-00210
| RICHARD E. COOGAN, SR., AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF
ANTHONY M. COOGAN, DECEASED, PLAINTIFF-APPELLANT, V DANIEL A. D'ANGELO, KYLE BALL, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT. |
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 Erie on October 14, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey F. Baase sworn to January 22, 2009, the affirmation of Joseph G. Goergen, II dated January 30, 2009, the notices of motion with proof of service thereof, the opposing affidavit of Edward J. Markarian sworn to February 3, 2009,
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 April 10, 2009.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk