| PATRICIA A. O'BRIEN V MARK AMMAN AND CAROL AMMAN |
| Motion No: CA 09-00314 |
| Slip Opinion No: 2009 NYSlipOp 64618(U) |
| Decided on February 24, 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 09-00314
| PATRICIA A. O'BRIEN, PLAINTIFF-RESPONDENT, V MARK AMMAN AND
CAROL AMMAN, DEFENDANTS-APPELLANTS. |
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 October 21, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ethan M. Lyle sworn to February 6, 2009, the notice of 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 costs.
Entered: February 24, 2009
JoAnn M. Wahl, Clerk