TOWN OF AMHERST V BRIAN BURNS MEAD , POWER UP MANUFACTURING INC., GMAC LEASING CORPORATION VEHICLE ASSET UNIVERSAL
Motion No: CA 08-00177
Slip Opinion No: 2008 NYSlipOp 68331(U)
Decided on April 2, 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.


April 2, 2008

DOCKET NO. CA 08-00177

TOWN OF AMHERST, PLAINTIFF-RESPONDENT,

V

BRIAN BURNS MEAD, ET AL., DEFENDANT, POWER UP MANUFACTURING

INC., GMAC LEASING CORPORATION, VEHICLE ASSET UNIVERSAL

LEASING TRUST, CENTRAL ORIGINATING LEASE TRUST, GENERAL

MOTORS ACCEPTANCE CORPORATION, DEFENDANTS-APPELLANTS.


Respondent having moved to dismiss the appeals taken from an amended order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 8, 2007, on the ground that appellants have failed to perfect timely the appeals, and appellant GMAC Leasing Corporation, et al., having moved for an extension of time to perfect their appeals,

Now, upon reading and filing the affirmation of Joseph DeMarie dated March 12, 2008, the notice of motion with proof of service thereof, the opposing affirmation of John N. Phillips, Jr., dated March 19, 2008, the affirmation of Robert G. Macchia dated March 24, 2008, the notice of cross motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before

May 30, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.

Entered: April 2, 2008

JoAnn M. Wahl, Clerk