| JUSTIN A. JOHN V KLEWIN BUILDING COMPANY, INC. |
| Motion No: CA 11-01319 |
| Slip Opinion No: 2011 NY Slip Op 78729(U) |
| Decided on July 18, 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 11-01319
| JUSTIN A. JOHN, PLAINTIFF-RESPONDENT, V KLEWIN BUILDING
COMPANY, INC., DEFENDANT-APPELLANT. |
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 March 4, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Walter P. Seegert, Esq., sworn to June 22, 2011, the notice of motion with proof of service thereof, and the affidavit of Thomas J. Drury, Esq., sworn to July 5, 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 September 16, 2011.
Entered: July 18, 2011
Patricia L. Morgan, Clerk