| VIRGINIA S. PAUL V DAVID G. COOPER, AS ADMINISTRATOR OF THE ESTATE OF ERNEST R. COOPER, DECEASED, UNITED REFINING |
| Motion No: CA 11-01738 |
| Slip Opinion No: 2011 NY Slip Op 84395(U) |
| Decided on September 19, 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 11-01738
| VIRGINIA S. PAUL, PLAINTIFF-APPELLANT, V DAVID G. COOPER, AS
ADMINISTRATOR OF THE ESTATE OF ERNEST R. COOPER, DECEASED, UNITED REFINING HOLDINGS, INC., DOING BUSINESS AS KWIK FILL GAS
STATION, UNITED REFINING COMPANY OF PENNSYLVANIA, UNITED REFINING CO., AND UNITED REFINING, INC.,
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 Monroe on May 20, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Phyliss A. Hafner, Esq., dated August 24, 2011, the statement of David F. Bowen, Esq. received August 25, 2011, the affidavit of David F. Bowen, Esq. sworn to August 26, 2011, the notices of motion with proof of service thereof, and the affirmation of Michael J. Crosby, Esq., dated September 8, 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 November 18, 2011.
Entered: September 19, 2011
Patricia L. Morgan, Clerk