| FRANKLIN CORPORATION V JUSTIN M. PRAHLER JOHN C. PRAHLER |
| Motion No: CA 11-00079 |
| Slip Opinion No: 2011 NY Slip Op 63805(U) |
| Decided on February 8, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00079
| FRANKLIN CORPORATION, PLAINTIFF-APPELLANT, V JUSTIN M.
PRAHLER, DEFENDANT-RESPONDENT, JOHN C. PRAHLER, DEFENDANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 22, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Eric T. Boron, Esq. dated January 10, 2011, the notice of motion with proof of service thereof, and the affidavit of Robert E. Knoer, Esq. sworn to February 3, 2011, 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 March 10, 2011.
Entered: February 8, 2011
Patricia L. Morgan, Clerk