BONNIE P. BENTLEY V RIDGE ROAD EXPRESS INCORPORATED, LORI LAVALLE, AND GARY W. GOW
Motion No: CA 10-01695
Slip Opinion No: 2010 NY Slip Op 83055(U)
Decided on September 17, 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.


September 17, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01695

BONNIE P. BENTLEY, PLAINTIFF-APPELLANT,

V

RIDGE ROAD EXPRESS INCORPORATED,

LORI LAVALLE, AND GARY W. GOW,

DEFENDANTS-RESPONDENTS.


Respondents Ridge Road Express Incorporated and Lori Lavalle 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 1, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Christopher G. Floreale, Esq. dated July 30, 2010, the notice of motion with proof of service thereof, the affidavit of Edward J. Markarian, Esq. received to August 26, 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 October 18, 2010.

Entered: September 17, 2010

Patricia L. Morgan, Clerk