| GABRIELE KABALAN V ALEXANDER HOGHOOGHI, DDS, - . |
| Motion No: CA 09-02247 |
| Slip Opinion No: 2009 NY Slip Op 89054(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 09-02247
| GABRIELE KABALAN, PLAINTIFF-RESPONDENT, V ALEXANDER
HOGHOOGHI, DDS, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Respondent 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 Niagara on August 21, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Gerald Grace, Jr. sworn to November 3, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Kimberly D. Gensler sworn to November 9, 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