DENNIS PUTNAM AND LEANNE PUTNAM V COUNTY OF STEUBEN
Motion No: NOS. CA 08-00708 AND CA 08-00709
Slip Opinion No: 2008 NYSlipOp 72710(U)
Decided on May 14, 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.


May 14, 2008

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

DOCKET NOS. CA 08-00708 AND CA 08-00709

DENNIS PUTNAM AND LEANNE PUTNAM, PLAINTIFFS-RESPONDENTS,

V

COUNTY OF STEUBEN, DEFENDANT-APPELLANT.



DENNIS PUTNAM AND LEANNE PUTNAM, PLAINTIFFS-APPELLANTS,

V

COUNTY OF STEUBEN, DEFENDANT-RESPONDENT.



Plaintiffs having moved to dismiss defendant's appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 31, 2007, on the ground that defendant has failed to perfect timely that appeal, and to consolidate that appeal with their appeal from an order of the same Court entered March 13, 2008,

Now, upon reading and filing the affidavit of James M. Wujcik sworn to March 31, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Donald S. Thomson dated April 11, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that defendant's appeal is dismissed without further order unless that appeal is perfected on or before August 12, 2008 (Docket No. CA 08-00708), and the motion is otherwise denied.

Entered: May 14, 2008

JoAnn M. Wahl, Clerk