WILLIAM H. THOMPSON AND WALTER TOOMBS V MICHAEL P. MCQUEENY, MICHAEL SERVENTI, DOUGLAS M. VANOORT, JENNIFER CHALMERS
Motion No: CA 08-00274
Slip Opinion No: 2008 NYSlipOp 64975(U)
Decided on February 25, 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.


February 25, 2008

DOCKET NO. CA 08-00274

WILLIAM H. THOMPSON AND WALTER TOOMBS,

PLAINTIFFS-RESPONDENTS,

V

MICHAEL P. MCQUEENY, MICHAEL SERVENTI, DOUGLAS M. VANOORT,

JENNIFER CHALMERS BALBACH, 331 HOLDING, INC.,

SUMMER STREET CAPITAL FUND I, LP, SUMMER STREET CAPITAL NYS

FUND, LP, RAND CAPITAL SBIC, LP, RAND CAPITAL CORPORATION,

AND ONONDAGA VENTURE CAPITAL FUND, INC.,

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 Monroe on November 8, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Warren B. Rosenbaum dated

February 6, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Jerauld E. Brydges dated February 12, 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

April 1, 2008.

Entered: February 25, 2008

JoAnn M. Wahl, Clerk