| DELIRIS DIAZ, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF THE INFANT, JOSE MARQUEZ-DIAZ V LITTLE REMEDIES CO. |
| Motion No: CA 10-01273 |
| Slip Opinion No: 2010 NY Slip Op 75868(U) |
| Decided on June 28, 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 10-01273
| DELIRIS DIAZ, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF
THE INFANT, JOSE MARQUEZ-DIAZ, PLAINTIFF-APPELLANT, V LITTLE REMEDIES CO., INC., MEDTECH HOLDINGS, INC., MEDTECH PRODUCTS,
INC., PRESTIGE BRANDS, INC., PRESTIGE BRANDS HOLDINGS, INC., DEFENDANTS-RESPONDENTS. |
Respondents Medtech Holdings, Inc., Medtech Products, Inc. Prestige Brands, Inc. and Prestige Brands Holdings, Inc. 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 Monroe on March 22, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of F. Paul Greene, Esq. dated June 4, 2010, the notice of motion with proof of service thereof, the affirmation of Carol A. McKenna, Esq. dated June 9, 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 August 13, 2010.
Entered: June 28, 2010
Patricia L. Morgan, Clerk