| MATTER OF FRANK KOGUT AND DEBRA KOGUT V TOWN OF MARTINSBURG |
| Motion No: CA 07-02712 |
| Slip Opinion No: 2008 NYSlipOp 60676(U) |
| Decided on January 7, 2008 |
| 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 07-02712
| MATTER OF FRANK KOGUT AND DEBRA KOGUT,
PETITIONERS-APPELLANTS, V TOWN OF MARTINSBURG, RESPONDENT-RESPONDENT. |
Respondent 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 Lewis on October 14, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kenneth L. Ayers dated
December 27, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Matthew S. Lerner dated January 3, 2008,
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
March 7, 2008.
Entered: January 7, 2008
JoAnn M. Wahl, Clerk