| JONATHON PHIPPS V ANDREW P. MICHALAK, NORBERT J. MICHALAK AND COUNTY OF ALLEGANY |
| Motion No: CA 08-00269 |
| Slip Opinion No: 2008 NYSlipOp 64931(U) |
| Decided on February 19, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00269
| JONATHON PHIPPS, PLAINTIFF-APPELLANT, V ANDREW P. MICHALAK,
NORBERT J. MICHALAK, DEFENDANTS-APPELLANTS, AND COUNTY OF ALLEGANY,
DEFENDANT-RESPONDENT. |
Plaintiff-appellant having moved for an extension of time to perfect his appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on May 7, 2007, and defendants-appellants having cross-moved for an extension of time to perfect their appeal from the order,
Now, upon reading and filing the affirmation of Shawn W. Carey dated February 5, 2008, the notice of motion with proof of service thereof, the affidavit of Norman B. Viti, Jr. sworn to February 8, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted and appellants shall perfect the appeals on or before April 29, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: February 19, 2008
JoAnn M. Wahl, Clerk