| ERIC LINCOURT AND TAMMY L. LINCOURT V VILLAGE OF WEST WINFIELD |
| Motion No: CA 07-02479 |
| Slip Opinion No: 2007 NYSlipOp 86963(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 07-02479
| ERIC LINCOURT AND TAMMY L. LINCOURT, PLAINTIFFS-RESPONDENTS,
V VILLAGE OF WEST WINFIELD, DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 16, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Mark W. McLane dated
November 27, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Andrew J. Schwab dated December 9, 2007, the notice of cross motion with proof of service thereof, the reply affirmation of Mark W. McLane dated December 11, 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, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: December 17, 2007
JoAnn M. Wahl, Clerk