| PATRICIA FRANKOWSKI AND DONALD FRANKOWSKI V GARDEN VILLAGE PLAZA, INC., GARDEN VILLAGE PLAZA, LP, PROPERTY MANAGEMENT |
| Motion No: CA 07-02443 |
| Slip Opinion No: 2007 NYSlipOp 85426(U) |
| Decided on December 4, 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. |
DOCKET NO. CA 07-02443
| PATRICIA FRANKOWSKI AND DONALD FRANKOWSKI,
PLAINTIFFS-APPELLANTS, V GARDEN VILLAGE PLAZA, INC., GARDEN VILLAGE PLAZA, LP, PROPERTY MANAGEMENT ASSOCIATES OF WNY,
INC., DEFENDANTS-APPELLANTS, CUSTOM TOPSOIL, INC., AND RRC, INC., INDIVIDUALLY AND DOING BUSINESS AS VILLAGE FLEA OUTLET,
DEFENDANTS-RESPONDENTS. |
Respondent RRC, Inc. having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 14, 2007, on the ground that appellants have failed to perfect timely the appeals, and defendants-appellants having cross-moved for an extension of time to perfect their appeal,
Now, upon reading and filing the affirmation of Kyle C. Reeb dated November 19, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated November 29, 2007, the opposing affidavit of Jonathan S. Hickey sworn to
November 27, 2007, the notice of cross motion with proof of service thereof,
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 February 1, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: December 4, 2007
JoAnn M. Wahl, Clerk