| PATRICK DANIEU AND EILEEN DANIEU V 109 SOUTH UNION ST., LLC AND FLAUM MANAGEMENT COMPANY, INC. |
| Motion No: CA 07-02514 |
| Slip Opinion No: 2007 NYSlipOp 86950(U) |
| Decided on December 17, 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 07-02514
| PATRICK DANIEU AND EILEEN DANIEU, PLAINTIFFS-APPELLANTS, V 109
SOUTH UNION ST., LLC AND FLAUM MANAGEMENT COMPANY, INC., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 17, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph A. Matteliano dated
November 29, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Shawn W. Carey dated December 10, 2007, the reply affirmation of Joseph A. Matteliano dated December 12, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
February 15, 2008.
Entered: December 17, 2007
JoAnn M. Wahl, Clerk