| SHARON J. GIARDINA V RICHARD J. LIPPES, JAMES F. ALLEN, DANIEL D. SHONN, JR., DANA M. LOUTIT, DOING BUSINESS AS ALLEN |
| Motion No: CA 09-02251 |
| Slip Opinion No: 2009 NY Slip Op 89710(U) |
| Decided on November 23, 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 09-02251
| SHARON J. GIARDINA, PLAINTIFF-APPELLANT, V RICHARD J. LIPPES,
JAMES F. ALLEN, DANIEL D. SHONN, JR., DANA M. LOUTIT, DOING BUSINESS AS ALLEN, LIPPES & SHONN, AND THEODORE J. BURNS,
DEFENDANTS-RESPONDENTS. |
Respondents 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 August 4, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jessica L. Welker sworn to November 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Denis A. Kitchen, Jr. sworn to November 18, 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 22, 2010.
Entered: November 23, 2009
Patricia L. Morgan, Clerk