| WACHOVIA DEALER SERVICES, INC., FORMERLY KNOWN AS WFS FINANCIAL, INC. V JAMES L. HARDEE - . |
| Motion No: CA 10-00472 |
| Slip Opinion No: 2010 NY Slip Op 65913(U) |
| Decided on March 15, 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 10-00472
| WACHOVIA DEALER SERVICES, INC., FORMERLY KNOWN AS WFS FINANCIAL,
INC., PLAINTIFF-RESPONDENT, V JAMES L. HARDEE, ET AL., DEFENDANT-APPELLANT, ET AL.,
DEFENDANT. |
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 October 13, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Carly Wilsman Speyer received February 25, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal of appellant Linda K. Hardee is granted and the appeal is dismissed without costs, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal of appellant James L. Hardee is denied.
Entered: March 15, 2010
Patricia L. Morgan, Clerk