| JENNIFER SCHWARTZ V WAYNE D. VUKSON AS EXECUTOR OF THE ESTATE OF MICHAEL J. VUKSON |
| Motion No: CA 09-00563 |
| Slip Opinion No: 2009 NYSlipOp 67592(U) |
| Decided on March 23, 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 09-00563
| JENNIFER SCHWARTZ, PLAINTIFF-RESPONDENT, V WAYNE D. VUKSON AS
EXECUTOR OF THE ESTATE OF MICHAEL J. VUKSON, DEFENDANT-APPELLANT. |
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 Erie on October 30, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph R. Bergen sworn to March 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Louis P. Dingledey, Jr. dated March 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 7, 2009.
Entered: March 23, 2009
JoAnn M. Wahl, Clerk