| NORMAN GREEN V MARK F. WIERZBA, D.D.S. |
| Motion No: CA 10-00413 |
| Slip Opinion No: 2010 NY Slip Op 65205(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 10-00413
| NORMAN GREEN, PLAINTIFF-APPELLANT, V MARK F. WIERZBA, D.D.S.,
DEFENDANT-RESPONDENT. |
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 23, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kimberly D. Gensler sworn to February 11, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: March 8, 2010
Patricia L. Morgan, Clerk