| GREGG A. MALBURG V JOSEPH G. KELLER, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF PAUL MURPHY, DECEASED |
| Motion No: CA 10-00671 |
| Slip Opinion No: 2010 NY Slip Op 69854(U) |
| Decided on April 22, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00671
| GREGG A. MALBURG, PLAINTIFF-APPELLANT, V JOSEPH G. KELLER, AS
TEMPORARY ADMINISTRATOR OF THE ESTATE OF PAUL MURPHY, DECEASED, 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 December 7, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey F. Baase, Esq. sworn to March 19, 2010, the affirmation of Jeffrey F. Baase, Esq. dated March 23, 2010, the notice of motion with proof of service thereof, the affidavit of Ellen B. Sturm, Esq. sworn to March 25, 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 22, 2010
Patricia L. Morgan, Clerk