| RAYMOND S. SWAN, JR. AND DORIS J. SWAN V ANDREW J. INGERSOLL AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP. |
| Motion No: CA 09-02227 |
| Slip Opinion No: 2009 NY Slip Op 89072(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 09-02227
| RAYMOND S. SWAN, JR. AND DORIS J. SWAN, PLAINTIFFS-RESPONDENTS,
V ANDREW J. INGERSOLL, DEFENDANT, AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP.,
DEFENDANT-APPELLANT. |
Respondents 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 Erie on June 11, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Amy C. Martoche sworn to October 29, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Matthew S. Lerner dated December 11, 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 29, 2010.
Entered: November 16, 2009
Patricia L. Morgan, Clerk