| THOMAS VERLENI V CITY OF JAMESTOWN, RODNEY L. JOHNSON, AND LINDA L. JOHNSON |
| Motion No: CA 09-00252 |
| Slip Opinion No: 2009 NYSlipOp 64599(U) |
| Decided on February 23, 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 09-00252
| THOMAS VERLENI, PLAINTIFF-APPELLANT, V CITY OF JAMESTOWN,
RODNEY L. JOHNSON, AND LINDA L. JOHNSON, DEFENDANTS-RESPONDENTS. |
Respondents Rodney L. Johnson and Linda L. Johnson 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 Chautauqua on September 2, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of William Chen dated February 3, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Mary B. Schiller sworn to February 11, 2009, the notice of cross motion with proof of service thereof,
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 30, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: February 23, 2009
JoAnn M. Wahl, Clerk