| VANESSA MOORE V MICHAEL ORTOLANO, - . |
| Motion No: CA 09-02269 |
| Slip Opinion No: 2009 NY Slip Op 90159(U) |
| Decided on November 30, 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 09-02269
| VANESSA MOORE, PLAINTIFF-APPELLANT, V MICHAEL ORTOLANO,
DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
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 15, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Norman E.S. Greene sworn to November 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Mark R. Multerer sworn to November 10, 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 30, 2009
Patricia L. Morgan, Clerk