| SPAULDING LAKE CLUB, INC. V HAIBO JIANG ALSO KNOWN AS JIM YING |
| Motion No: CA 09-02505 |
| Slip Opinion No: 2009 NY Slip Op 91546(U) |
| Decided on December 14, 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 09-02505
| SPAULDING LAKE CLUB, INC., PLAINTIFF-RESPONDENT, V HAIBO JIANG
ALSO KNOWN AS JIM YING, DEFENDANT-APPELLANT. |
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 September 22, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Craig R. Bucki sworn to December 2, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: December 14, 2009
Patricia L. Morgan, Clerk