| WILLIAM E. BURKHART, JR. V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP |
| Motion No: CA 10-00401 |
| Slip Opinion No: 2010 NY Slip Op 65199(U) |
| Decided on March 8, 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 10-00401
| WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT, V STEVEN V.
MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, AND MERCURY PRINT PRODUCTIONS, INC.,
DEFENDANTS-RESPONDENTS. |
Respondents J. Michael Wood, Chamberlain, D'Amanda, Oppenheimer and Greenfield LLP 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 Wayne on November 5, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher G. Todd sworn to February 10, 2010, the notice of motion with proof of service thereof, the opposing affidavit of William E. Burkhart, Jr. sworn to February 24, 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 May 7, 2010.
Entered: March 8, 2010
Patricia L. Morgan, Clerk