| BROWN BARK I, L.P., AS SUCCESSOR IN INTEREST TO, BANK OF AMERICA, N.A., SUCCESSOR IN INTEREST TO FLEET NATIONAL BANK V |
| Motion No: CA 09-01413 |
| Slip Opinion No: 2009 NY Slip Op 78809(U) |
| Decided on July 20, 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 09-01413
| BROWN BARK I, L.P., AS SUCCESSOR IN INTEREST TO, BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO FLEET NATIONAL BANK, PLAINTIFF-RESPONDENT, V ELIZABETH S. GRANT, INDIVIDUALLY AND DOING BUSINESS
AS PATERSON STABLES, DEFENDANT-APPELLANT. GUY KAPLIN AND NICHOLAS D'ANGELO,
RESPONDENTS. |
Respondent Guy Kaplin 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 April 22, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jared P. Hirt dated July 7, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Wynn L. Bowman dated July 10, 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 18, 2009.
Entered: July 20, 2009
Patricia L. Morgan, Clerk