| DAVID M. GORDON, V LIN TV CORPORATION AND AL VAUGHTERS, . |
| Motion No: CA 11-00456 |
| Slip Opinion No: 2011 NY Slip Op 67784(U) |
| Decided on March 24, 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 11-00456
| DAVID M. GORDON, PLAINTIFF-APPELLANT-RESPONDENT, V LIN TV
CORPORATION AND AL VAUGHTERS, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to dismiss plaintiff's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 23, 2010, on the ground that plaintiff has failed to perfect timely the appeal, and plaintiff having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Karim A. Abdulla, Esq. sworn to March 1, 2011, the affirmation of Richard T. Sullivan, Esq. dated March 10, 2011, the notice of motion with proof of service thereof, 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 23, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 24, 2011
Patricia L. Morgan, Clerk