| HOLLY LAPE V WILLIAM GOLDBACH, ROLLINS, INC., AND ORKIN, INC. |
| Motion No: CA 09-01673 |
| Slip Opinion No: 2009 NY Slip Op 92221(U) |
| Decided on December 21, 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 09-01673
| HOLLY LAPE, PLAINTIFF-RESPONDENT, V WILLIAM GOLDBACH, ROLLINS,
INC., AND ORKIN, INC., DEFENDANTS-APPELLANTS. |
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 August 5, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of R. Colin Campbell sworn to November 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael L. Amodeo sworn to December 17, 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 February 19, 2010.
Entered: December 21, 2009
Patricia L. Morgan, Clerk