STEPHEN M. BROWN AND PEGGY BROWN V SHAWN ALLEN ROBLEE HOLIDAY VALLEY, INC., HOLIDAY VALLEY REALTY COMPANY, INC., AND
Motion No: CA 08-00880
Slip Opinion No: 2008 NYSlipOp 70675(U)
Decided on April 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.


April 28, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00880

STEPHEN M. BROWN AND PEGGY BROWN, PLAINTIFFS-APPELLANTS,

V

SHAWN ALLEN ROBLEE, DEFENDANT, HOLIDAY VALLEY, INC.,

HOLIDAY VALLEY REALTY COMPANY, INC., AND WIN-SUM SKI CORP.,

DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on June 13, 2007,

Now, upon reading and filing the affirmation of Brian M. Melber dated April 18, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Brian A. Birenbach sworn to April 21, 2008, the reply affirmation of Scott R. Hapeman dated April 25, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeal on or before June 17, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 28, 2008

JoAnn M. Wahl, Clerk