| WILLIAM T. MEYER V DONALD L. STOUT |
| Motion No: CA 09-02580 |
| Slip Opinion No: 2010 NY Slip Op 70521(U) |
| Decided on May 4, 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 09-02580
| WILLIAM T. MEYER, PLAINTIFF-RESPONDENT, V DONALD L. STOUT,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 10, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of A. Nicholas Falkides, Esq. dated April 15, 2010 and April 21, 2010, the notice of motion with proof of service thereof, the affirmation of Michael J. Kelly, Esq. dated April 20, 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 July 6, 2010.
Entered: May 4, 2010
Patricia L. Morgan, Clerk