| COUNSEL FINANCIAL SERVICES, LLC V DAVID MCQUADE LEIBOWITZ, P.C., A TEXAS PROFESSIONAL CORPORATION, AND DAVID MCQUADE |
| Motion No: CA 09-00434 |
| Slip Opinion No: 2009 NYSlipOp 67019(U) |
| Decided on March 16, 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 09-00434
| COUNSEL FINANCIAL SERVICES, LLC, PLAINTIFF-RESPONDENT, V DAVID
MCQUADE LEIBOWITZ, P.C., A TEXAS PROFESSIONAL CORPORATION, AND DAVID MCQUADE LEIBOWITZ,
DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 25, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Philip B. Abramowitz sworn to February 27, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Bruce S. Zeftel sworn to Marc h 10, 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 15, 2009.
Entered: March 16, 2009
JoAnn M. Wahl, Clerk