| ERIC DAVIS AND LYNETTE DAVIS, V MARTIN BRUNSWICK, MARCELLINE BRUNSWICK AND TOM HOWARD CONSTRUCTION, INC., . |
| Motion No: CA 07-00315 |
| Slip Opinion No: 2007 NYSlipOp 84640(U) |
| Decided on November 26, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-00315
| ERIC DAVIS AND LYNETTE DAVIS,
PLAINTIFFS-APPELLANTS-RESPONDENTS, V MARTIN BRUNSWICK, MARCELLINE BRUNSWICK AND TOM HOWARD CONSTRUCTION, INC.,
DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) |
Defendants having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on
January 9, 2007,
Now, upon reading and filing the affidavit of Neil R. Sherwood sworn to
November 12, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that defendants perfect the cross appeal on or before February 25, 2008.
Entered: November 26, 2007
JoAnn M. Wahl, Clerk