| LAI NGUYEN V WILLIAM E. KIRALY AND MARY L. KIRALY |
| Motion No: CA 10-00315 |
| Slip Opinion No: 2010 NY Slip Op 64241(U) |
| Decided on February 22, 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 10-00315
| LAI NGUYEN, PLAINTIFF-APPELLANT, V WILLIAM E. KIRALY AND MARY
L. KIRALY, 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 Erie on October 28, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James P. Burgio dated February 4, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Jonathan D. Cox sworn to February 9, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 23, 2010.
Entered: February 22, 2010
Patricia L. Morgan, Clerk