| TOBACCO OUTLET, LLC V IMAX BANCARD NETWORK, LLC |
| Motion No: CA 09-02145 |
| Slip Opinion No: 2009 NY Slip Op 87825(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 09-02145
| TOBACCO OUTLET, LLC, PLAINTIFF-RESPONDENT, V IMAX BANCARD
NETWORK, LLC, DEFENDANT-APPELLANT. |
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 Cattaraugus on June 17, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Colin D. Ramsey sworn to October 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey A. Black dated October 27, 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 January 6, 2010.
Entered: November 2, 2009
Patricia L. Morgan, Clerk