| DISCOVER BANK V ELLEN S. ESCHWEGE |
| Motion No: CA 09-00641 |
| Slip Opinion No: 2009 NY Slip Op 71109(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. |
DOCKET NO. CA 09-00641
| DISCOVER BANK, PLAINTIFF-RESPONDENT, V ELLEN S. ESCHWEGE,
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 August 18, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Edward C. Klein dated March 25, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kenneth R. Hiller dated April 1, 2009, the reply affirmation of Eric M. Berman dated April 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 June 8, 2009.
Entered: April 27, 2009
Patricia L. Morgan, Clerk