RICHARD BROWN AND KELLY BROWN V CONCORD NURSERIES, INC.
Motion No: NOS. CA 07-01815 AND CA 07-01817
Slip Opinion No: 2007 NYSlipOp 79142(U)
Decided on September 24, 2007
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.


September 24, 2007

DOCKET NOS. CA 07-01815 AND CA 07-01817

RICHARD BROWN AND KELLY BROWN, PLAINTIFFS-APPELLANTS,
V
CONCORD NURSERIES, INC., DEFENDANT-RESPONDENT.

Respondent having moved to dismiss the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 7, 2007 and June 15, 2007, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Anthony J. Piazza dated

September 7, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Michael F. Perley sworn to September 21, 2007,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before

November 23, 2007.

Entered: September 24, 2007

JoAnn M. Wahl, Clerk