| 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 65221(U) |
| Decided on March 10, 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. |
Respondent Steven V. Modica 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 affirmation of Thomas B. Cronmiller dated February 22, 2010, the notice of motion with proof of service thereof, the opposing affidavit of William E. Burkhart, Jr. sworn to February 4, 2010 [sic],
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 10, 2010
Patricia L. Morgan, Clerk