| TODD M. BENNETT V ACEA MOSEY, ERIE COUNTY PUBLIC ADMINISTRATOR OF THE ESTATE OF JOHN H. GIBBS, DECEASED |
| Motion No: CA 09-00807 |
| Slip Opinion No: 2009 NY Slip Op 72415(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 09-00807
| TODD M. BENNETT, PLAINTIFF-APPELLANT, V ACEA MOSEY, ERIE
COUNTY PUBLIC ADMINISTRATOR OF THE ESTATE OF JOHN H. GIBBS, DECEASED, 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 Erie on January 9, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Norman E.S. Greene sworn to April 17, 2009, the notice of 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 costs.
Entered: May 11, 2009
Patricia L. Morgan, Clerk