| JUSTINE THOMPSON V MICHAEL COOPER, ESQ., STEPHEN BARNES, ESQ., INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM AS |
| Motion No: CA 11-00176 |
| Slip Opinion No: 2011 NY Slip Op 67054(U) |
| Decided on March 11, 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 11-00176
| JUSTINE THOMPSON, PLAINTIFF-APPELLANT, V MICHAEL COOPER, ESQ.,
STEPHEN BARNES, ESQ., INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM AS SUCCESSORS IN INTEREST TO CELLINO & BARNES, ROSS CELLINO
INDIVIDUALLY AND AS A PARTNER IN THE LAW FIRM OF CELLINO & BARNES, AND CELLINO & BARNES,
DEFENDANTS-RESPONDENTS. |
Respondents 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 14, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gregory V. Pajak, Esq. dated January 21, 2011, the notice of motion with proof of service thereof, and the affidavit of Michelle Ellsworth Rudderow, Esq. sworn to January 27, 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 May 11, 2011.
Entered: March 11, 2011
Patricia L. Morgan, Clerk