| ERIK GALLAGHER V EDWARD GALLAGHER AND ELLEN GALLAGHER |
| Motion No: CA 09-01980 |
| Slip Opinion No: 2009 NY Slip Op 85851(U) |
| Decided on October 13, 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 09-01980
| ERIK GALLAGHER, PLAINTIFF-APPELLANT, V EDWARD GALLAGHER
AND ELLEN GALLAGHER, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 25, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas L. Atkinson sworn to September 23, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: October 13, 2009
Patricia L. Morgan, Clerk