| CATERING SPECIALISTS, LLC V AIR CHARTER TEAM, INC. |
| Motion No: CA 09-01609 |
| Slip Opinion No: 2009 NY Slip Op 81471(U) |
| Decided on August 18, 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 09-01609
| CATERING SPECIALISTS, LLC, PLAINTIFF-APPELLANT, V AIR CHARTER
TEAM, INC., 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 May 7, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Richard J. Evans dated August 3, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Frank G. Montemalo sworn to August 13, 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 October 19, 2009.
Entered: August 18, 2009
Patricia L. Morgan, Clerk