| ANNA L. CASE AND KENNETH F. CASE V LINCOLN MOVING & STORAGE OF BUFFALO, INC. |
| Motion No: CA 08-00019 |
| Slip Opinion No: 2008 NYSlipOp 61806(U) |
| Decided on January 23, 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 08-00019
| ANNA L. CASE AND KENNETH F. CASE, PLAINTIFFS-APPELLANTS, V
LINCOLN MOVING & STORAGE OF BUFFALO, INC., DEFENDANT-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 Erie on October 10, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Albert J. D'Aquino dated
January 2, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Hutter sworn to January 15, 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
February 29, 2008.
Entered: January 23, 2008
JoAnn M. Wahl, Clerk