| DAVID DALE V CITADEL SECURITY AGENCY, |
| Motion No: CA 09-00416 |
| Slip Opinion No: 2009 NYSlipOp 66992(U) |
| Decided on March 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 09-00416
| DAVID DALE, PLAINTIFF-APPELLANT, V CITADEL SECURITY AGENCY, ET
AL., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of Erie County Court entered in the Office of the Clerk of said Court November 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jonathan D. Cox sworn to February 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of David Dale sworn to March 6, 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 11, 2009.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk