| GEORGE VANDERSTOW AND MARCY VANDERSTOW V ALBERT F. ACKER AND JUDITH D. ACKER |
| Motion No: CA 07-01161 |
| Slip Opinion No: 2008 NYSlipOp 62439(U) |
| Decided on January 28, 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 07-01161
| GEORGE VANDERSTOW AND MARCY VANDERSTOW,
PLAINTIFFS-RESPONDENTS, V ALBERT F. ACKER AND JUDITH D. ACKER, DEFENDANTS-APPELLANTS. |
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 Ontario on February 28, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter Rolph sworn to December 21, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Keith D. Miller sworn to January 2, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 28, 2008
JoAnn M. Wahl, Clerk