CHRIS KEEFE BUILDERS, INC. DOING BUSINESS AS CHRIS KEEFE V THOMAS B. HAZZARD , AND MORTGAGE ELECTRONIC REGISTRATION
Motion No: CA 09-00651
Slip Opinion No: 2009 NY Slip Op 71104(U)
Decided on April 27, 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.


April 27, 2009

DOCKET NO. CA 09-00651

CHRIS KEEFE BUILDERS, INC. DOING BUSINESS AS CHRIS KEEFE,

PLAINTIFF-APPELLANT,

V

THOMAS B. HAZZARD, ET AL., DEFENDANTS, AND

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE

FOR QUICKEN LOANS, INC.,

DEFENDANT-RESPONDENT.


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 Chautauqua on January 16, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Marc W. Brown sworn to March 31, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John J. Keenan sworn to April 8, 2009, the reply affidavit of Marc W. Brown sworn to April 23, 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 26, 2009.

Entered: April 27, 2009

Patricia L. Morgan, Clerk