| LAURIE ANN TABER V R & P OAK HILL, LLC. |
| Motion No: CA 09-02339 |
| Slip Opinion No: 2009 NY Slip Op 90809(U) |
| Decided on December 8, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02339
| LAURIE ANN TABER, PLAINTIFF, V R & P OAK HILL, LLC.,
DEFENDANT. R & P OAK HILL, LLC., THIRD-PARTY PLAINTIFF-APPELLANT, V BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
FIRST SUPERVISORY DISTRICT, ERIE COUNTY, ALSO KNOWN AS BOCES ERIE 1, THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY
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 13, 2009, on the ground, inter alia, that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jody E. Briandi sworn to November 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Thomas P. Carafa dated November 30, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent the appeal is dismissed without further order unless the appeal is perfected on or before February 5, 2010, and the motion is otherwise denied (see CPLR 5520 [a]).
Entered: December 8, 2009
Patricia L. Morgan, Clerk