| SUSAN DIETZEN AND LAWRENCE DIETZEN V ALDI INC. (NEW YORK) |
| Motion No: CA 08-00906 |
| Slip Opinion No: 2008 NYSlipOp 72222(U) |
| Decided on May 12, 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 08-00906
| SUSAN DIETZEN AND LAWRENCE DIETZEN, PLAINTIFFS-APPELLANTS, V
ALDI INC. (NEW YORK), DEFENDANT-RESPONDENT. |
Respondent 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 Chautauqua on February 8, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Regina A. DelVecchio sworn to April 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Walter P. Seegert sworn to May 1, 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 July 11, 2008.
Entered: May 12, 2008
JoAnn M. Wahl, Clerk