| DANIEL GUERESCHI V FAMILY DOLLAR STORES OF NEW YORK, INC. AND THE CONLON COMPANY |
| Motion No: CA 09-02586 |
| Slip Opinion No: 2010 NY Slip Op 60884(U) |
| Decided on January 4, 2010 |
| 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 09-02586
| DANIEL GUERESCHI, PLAINTIFF-APPELLANT, V FAMILY DOLLAR STORES
OF NEW YORK, INC. AND THE CONLON COMPANY, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 24, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Molly M. Ryan sworn to December 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Joseph P. Stanley sworn to December 28, 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 March 5, 2010.
Entered: January 4, 2010
Patricia L. Morgan, Clerk