| MEDLOCK CROSSING SHOPPING CENTER DULUTH GA, LIMITED PARTNERSHIP V MODERN EYECARE OF MEDLOCK, LLC, DR. BENNIE D. MOBLEY |
| Motion No: CA 11-01461 |
| Slip Opinion No: 2011 NY Slip Op 81313(U) |
| Decided on August 12, 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. |
DOCKET NO. CA 11-01461
| MEDLOCK CROSSING SHOPPING CENTER DULUTH GA, LIMITED PARTNERSHIP,
PLAINTIFF-RESPONDENT, V MODERN EYECARE OF MEDLOCK, LLC, DR. BENNIE D. MOBLEY, GRACE WOO, DEFENDANTS, AND JOHN SOUZA,
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 Monroe on December 1, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dale A. Worrall, Esq., sworn to July 14, 2011, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 12, 2011
Patricia L. Morgan, Clerk