TANESHA BROWN V TIM TOMPKINS, DAVID C. COLEMAN, JOSEPH E. DEYOUNG, KARL WEEKES, DOING BUSINESS AS MELKAR ENTERPRISES
Motion No: CA 11-02149
Slip Opinion No: 2011 NY Slip Op 89126(U)
Decided on November 9, 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.


November 9, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02149

TANESHA BROWN, PLAINTIFF-APPELLANT,

V

TIM TOMPKINS, DAVID C. COLEMAN,

JOSEPH E. DEYOUNG, KARL WEEKES, DOING BUSINESS AS MELKAR

ENTERPRISES, DEFENDANTS-RESPONDENTS.


Respondent Joseph E. DeYoung 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 April 21, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Paul D. Sweeney, Esq., sworn to October 21, 2011, the notice of motion with proof of service thereof, and the statement of Jennifer L. Christman, Esq., dated November 3, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: November 9, 2011

Patricia L. Morgan, Clerk