MICHAEL SOBLES, AS BENEFICIARY AND ADMINISTRATOR OF THE ESTATE OF ROSE MARIE WILLIAMS, V STEVEN M. VULCAN
Motion No: CA 09-00423
Slip Opinion No: 2009 NYSlipOp 67010(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.


March 13, 2009

DOCKET NO. CA 09-00423

MICHAEL SOBLES, AS BENEFICIARY AND ADMINISTRATOR OF THE

ESTATE OF ROSE MARIE WILLIAMS,

PLAINTIFF-RESPONDENT-APPELLANT,

V

STEVEN M. VULCAN, ET AL., DEFENDANTS,

BALDWINSVILLE LODGE NO. 644, LOYAL ORDER OF MOOSE,

DEFENDANT-APPELLANT-RESPONDENT,

AMERICAN LEGION VERNICE SUTTLE POST NO. 113, HEARNS

SHOWBOAT, INC., AND JAMES VULCAN, DEFENDANTS-RESPONDENTS.


Respondent-appellant 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 Onondaga on December 1, 2008, on the ground that appellant-respondent has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Dom Cambareri dated February 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Lena Holubnyczyj dated February 26, 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