| JAMES O'DONNELL V BUFFALO-DS ASSOCIATES, LLC, DELTA SONIC CARWASH SYSTEMS, INC., AND BENDERSON DEVELOPMENT COMPANY |
| Motion No: CA 09-00332 |
| Slip Opinion No: 2009 NYSlipOp 65597(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 09-00332
| JAMES O'DONNELL, PLAINTIFF-APPELLANT, V BUFFALO-DS
ASSOCIATES, LLC, DELTA SONIC CARWASH SYSTEMS, INC., AND BENDERSON DEVELOPMENT COMPANY,
DEFENDANTS-RESPONDENTS. |
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 August 27, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas W. Bender sworn to February 10, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Stephen C. Halpern dated February 20, 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