DONALD A. MAJCHRZAK V NIKOLAOS GRIGORIOU
Motion No: CA 10-00116
Slip Opinion No: 2010 NY Slip Op 69825(U)
Decided on April 20, 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.


April 20, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00116

DONALD A. MAJCHRZAK, PLAINTIFF-APPELLANT,

V

NIKOLAOS GRIGORIOU, 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 Monroe on December 8, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of Matthew A. Lenhard, Esq. sworn to March 22, 2010 and March 26, 2010, the notice of motion with proof of service thereof, the affirmation of Robert W. Wood, Esq. dated April 7, 2010, and due deliberation having been had thereon,

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 June 21, 2010.

Entered: April 20, 2010

Patricia L. Morgan, Clerk