| JANICE BARTOSZEK V VIOLET REALTY, INC. ALSO KNOWN AS MAIN PLACE LIBERTY GROUP |
| Motion No: CA 09-02225 |
| Slip Opinion No: 2009 NY Slip Op 89036(U) |
| Decided on November 16, 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 09-02225
| JANICE BARTOSZEK, PLAINTIFF-APPELLANT, V VIOLET REALTY, INC.
ALSO KNOWN AS MAIN PLACE LIBERTY GROUP, DEFENDANT-RESPONDENT. |
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 14, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dennis P. Mescall sworn to October 28, 2009, the notice of motion with proof of service thereof, the opposing affidavits of Janice Bartoszek sworn to November 13, 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 15, 2010.
Entered: November 16, 2009
Patricia L. Morgan, Clerk