| JANICE BARTON V JENNIFER L. KOHLER AND TERRY H. KOHLER |
| Motion No: CA 09-00831 |
| Slip Opinion No: 2009 NY Slip Op 72414(U) |
| Decided on May 11, 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 09-00831
| JANICE BARTON, PLAINTIFF-APPELLANT, V JENNIFER L. KOHLER AND
TERRY H. KOHLER, DEFENDANTS-RESPONDENTS. |
Respondents 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 February 13, 2009, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Frank Housh dated April 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jeanne M. Vinal sworn to May 4, 2009, the notice of cross motion with proof of service thereof,
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 July 10, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: May 11, 2009
Patricia L. Morgan, Clerk