| HANNAH B. ACRES, LLC AND TOP GUN CONSTRUCTION, INC. V MARTHA A. HOWE, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNA P. |
| Motion No: CA 10-01184 |
| Slip Opinion No: 2010 NY Slip Op 73919(U) |
| Decided on June 9, 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 10-01184
| HANNAH B. ACRES, LLC AND TOP GUN CONSTRUCTION, INC., PLAINTIFFS,
V MARTHA A. HOWE, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNA P. KOHL, SUED HEREIN AS ANNA P. KOHL, INDIVIDUALLY AND AS
SURVIVOR OF WALTER A. KOHL, DEFENDANT-APPELLANT, THOMAS J. GRANCHELLI, 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 Niagara on March 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Henrik H. Hansen, Esq. sworn to May 25, 2010, the notice of motion with proof of service thereof, the affidavit of George V. C. Muscato, Esq. sworn to May 27, 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 August 9, 2010.
Entered: June 9, 2010
Patricia L. Morgan, Clerk