| EUGENIA ANDERSON - V TOWN OF KIRKLAND, COUNTY OF ONEIDA, MARK AND DAVID STROBINO AS EXECUTORS OF THE ESTATE OF LOUIS |
| Motion No: CA 08-00389 |
| Slip Opinion No: 2008 NYSlipOp 66159(U) |
| Decided on March 10, 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 08-00389
| EUGENIA ANDERSON, ET AL., PLAINTIFFS-APPELLANTS, V TOWN OF
KIRKLAND, COUNTY OF ONEIDA, MARK AND DAVID STROBINO AS EXECUTORS OF THE ESTATE OF LOUIS STROBINO, AND NOEL STROBINO,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on
November 8, 2007, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of J. William Savage sworn to
February 20, 2008, the affidavit of Richard B. Long sworn to February 25, 2008, the affidavit of Noel H. Strobino sworn to February 29, 2008, the notices of motion with proof of service thereof, the opposing affidavit of Woodruff Lee Carroll sworn to February 28, 2008, the opposing affidavit of Eliah Kagan sworn to February 26, 2008, the notice of cross motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 9, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: March 10, 2008
JoAnn M. Wahl, Clerk