| ROBERT K. ANDERSON V GREAT EASTERN MALL, L.P., AND KAUFMANN'S DEPARTMENT STORE, INC. |
| Motion No: CA 09-01229 |
| Slip Opinion No: 2009 NY Slip Op 78743(U) |
| Decided on July 15, 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 09-01229
| ROBERT K. ANDERSON, PLAINTIFF-APPELLANT, V GREAT EASTERN
MALL, L.P., AND KAUFMANN'S DEPARTMENT STORE, INC., DEFENDANTS-RESPONDENTS. |
Respondent Kaufmann's Department Store, Inc. 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 February 26, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James H. Cosgriff, III dated June 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert L. Voltz sworn to June 25, 2009, the reply affidavit of Valerie L. Barbic sworn to July 6, 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 14, 2009.
Entered: July 15, 2009
Patricia L. Morgan, Clerk