| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO, DECEASED V M & S HOTELS, LLC , DEC MANAGEMENT, INC. |
| Motion No: CA 09-01410 |
| Slip Opinion No: 2009 NY Slip Op 78755(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 09-01410
| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO,
DECEASED, PLAINTIFF-RESPONDENT, V M & S HOTELS, LLC, ET AL., DEFENDANTS, DEC MANAGEMENT, INC., AND MICHAEL THOMAS,
DEFENDANTS-APPELLANTS. |
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 March 5, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patricia A. Lynn-Ford dated July 1, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Troy S. Flascher sworn to July 9, 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