| GABRIELLE CARR V MIDTOWN ROCHESTER PROPERTIES, LLC MIDTOWN ROCHESTER PROPERTIES, LLC, V ONESOURCE FACILITY SERVICES |
| Motion No: CA 09-00217 |
| Slip Opinion No: 2009 NYSlipOp 65582(U) |
| Decided on March 2, 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 09-00217
| GABRIELLE CARR, PLAINTIFF-APPELLANT, V MIDTOWN ROCHESTER
PROPERTIES, LLC, DEFENDANT-RESPONDENT, MIDTOWN ROCHESTER PROPERTIES, LLC, THIRD-PARTY PLAINTIFF, V ONESOURCE FACILITY
SERVICES, INC., THIRD-PARTY DEFENDANT-RESPONDENT. |
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 Monroe on September 19, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Louise Boillat dated January 27, 2009, the notice of motion with proof of service thereof, the opposing affidavit of George A. Schell sworn to February 18, 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 May 1, 2009.
Entered: March 2, 2009
JoAnn M. Wahl, Clerk