| SHANNON L. JOHNSON V YARUSSI CONSTRUCTION, INC. AND CARMEN BONGIOVANNI, - . |
| Motion No: CA 09-01993 |
| Slip Opinion No: 2009 NY Slip Op 86607(U) |
| Decided on October 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 09-01993
| SHANNON L. JOHNSON, PLAINTIFF-APPELLANT, V YARUSSI
CONSTRUCTION, INC. AND CARMEN BONGIOVANNI, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Respondents 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 April 8, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Benjamin F. Neidl dated September 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Edward J. Markarian sworn to October 6, 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 December 18, 2009.
Entered: October 20, 2009
Patricia L. Morgan, Clerk