| PATRICK E. BURNS V LEE A. KROENING, ANN KROENING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT KROENING |
| Motion No: CA 09-01074 |
| Slip Opinion No: 2009 NY Slip Op 74778(U) |
| Decided on June 8, 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 09-01074
| PATRICK E. BURNS, PLAINTIFF-APPELLANT, V LEE A. KROENING, ANN
KROENING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT KROENING, DECEASED, DEFENDANTS-RESPONDENTS, ET AL.
DEFENDANTS. |
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 Niagara on February 4, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurence D. Behr dated May 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Norman J. Lerum dated May 29, 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 September 8, 2009.
Entered: June 8, 2009
Patricia L. Morgan, Clerk