| GENEVIEVE ROLLO V SERVICO NEW YORK, INC., SERVICO NEW YORK, INC. DOING BUSINESS AS HOLIDAY INN SELECT, LODGIAN HOTELS |
| Motion No: CA 10-00781 |
| Slip Opinion No: 2010 NY Slip Op 73863(U) |
| Decided on June 2, 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 10-00781
| GENEVIEVE ROLLO, PLAINTIFF-APPELLANT, V SERVICO NEW YORK, INC.,
SERVICO NEW YORK, INC. DOING BUSINESS AS HOLIDAY INN SELECT, LODGIAN HOTELS, INC., LODGIAN HOTELS, INC., DOING BUSINESS AS HOLIDAY INN
SELECT, LODGIAN, INC., LODGIAN INC., DOING BUSINESS AS HOLIDAY INN SELECT, HOLIDAY INN SELECT, DEFENDANTS-RESPONDENTS, AND JOHN
DOE, DEFENDANT. |
Respondents 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 23, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin D. Walsh, Esq. dated April 5, 2010, the notice of motion with proof of service thereof, the affidavit of Richard E. Updegrove, Esq. sworn to May 7, 2010,
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 1, 2010.
Entered: June 2, 2010
Patricia L. Morgan, Clerk