ORLANDO O'NEILL AND LORI MOOSE V PATRICK W. MCALPIN
Motion No: NOS. CA 08-00756 AND CA 08-00757
Slip Opinion No: 2008 NYSlipOp 70689(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

DOCKET NOS. CA 08-00756 AND CA 08-00757

ORLANDO O'NEILL AND LORI MOOSE, PLAINTIFFS-APPELLANTS,

V

PATRICK W. MCALPIN, DEFENDANT-RESPONDENT.


Respondent having moved to dismiss the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on June 29, 2007 and October 10, 2007, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Gary H. Abelson dated April 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mark J. Valerio dated April 24, 2008,

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 July 23, 2008

Entered: April 28, 2008

JoAnn M. Wahl, Clerk