| KRISTEN L. MOORE V CHESTNUT RIDGE VILLAGE, LLC ESSEX HOMES OF WNY, INC., - . |
| Motion No: CA 09-00569 |
| Slip Opinion No: 2009 NYSlipOp 69134(U) |
| Decided on April 6, 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 09-00569
| KRISTEN L. MOORE, PLAINTIFF, V CHESTNUT RIDGE VILLAGE, LLC,
DEFENDANT-APPELLANT, ESSEX HOMES OF WNY, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
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 September 11, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Willett sworn to March 16, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard E. Lerner dated March 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 June 5, 2009.
Entered: April 6, 2009
Patricia L. Morgan, Deputy Clerk