| JOHN CALDERON, JR. V WALGREEN CO. AND WALGREEN EASTERN CO., INC. |
| Motion No: CA 09-01623 |
| Slip Opinion No: 2009 NY Slip Op 82284(U) |
| Decided on August 31, 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 09-01623
| JOHN CALDERON, JR., PLAINTIFF-RESPONDENT, V WALGREEN CO. AND
WALGREEN EASTERN CO., INC., 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 Monroe on February 26, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark J. Valerio dated August 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of David R. Adams dated August 25, 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 30, 2009.
Entered: August 31, 2009
Patricia L. Morgan, Clerk