| ANDREW F. RADATZ V B.F. SAUL COMPANY |
| Motion No: CA 09-01215 |
| Slip Opinion No: 2009 NY Slip Op 76991(U) |
| Decided on June 29, 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 09-01215
| ANDREW F. RADATZ, PLAINTIFF-APPELLANT, V B.F. SAUL COMPANY,
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 Monroe on December 22, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Louis B. Cristo sworn to June 10, 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: June 29, 2009
Patricia L. Morgan, Clerk