| DIANE FLOOD, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNE FLOOD, AN INCAPACITATED PERSON V CSX TRANSPORTATION, INC. |
| Motion No: CA 09-01849 |
| Slip Opinion No: 2009 NY Slip Op 87817(U) |
| Decided on November 2, 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 09-01849
| DIANE FLOOD, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNE FLOOD,
AN INCAPACITATED PERSON, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION, INC., DEFENDANT-APPELLANT, ET AL.,
DEFENDANT. |
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 Erie on July 2, 2009, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Alan D. Voos dated October 20, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michelle M. Parker sworn to October 29, 2009, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
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 10, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: November 2, 2009
Patricia L. Morgan, Clerk