| GERALD HAY AND CHRISTINE HAY, BOTH AS INDIVIDUALS AND AS PARENTS AND NATURAL GUARDIANS OF ROBIN HAY, AMANDA HAY |
| Motion No: CA 08-01115 |
| Slip Opinion No: 2008 NYSlipOp 74741(U) |
| Decided on June 9, 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 08-01115
| GERALD HAY AND CHRISTINE HAY, BOTH AS INDIVIDUALS AND AS PARENTS
AND NATURAL GUARDIANS OF ROBIN HAY, AMANDA HAY, BARBARA HAY AND JOSHUA HAY, MINORS, PLAINTIFFS-APPELLANTS, V GORDON JAY
AND RAYMOND HENRY WIERZBIC, JR. INDIVIDUALLY AND DOING BUSINESS AS BEMUS CONSTRUCTION,
DEFENDANTS-RESPONDENTS. |
Respondent Gordon Jay 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 Erie on February 1, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Julia A. Roberts dated May 20, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Theodore J. Burns dated June 5, 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 August 8, 2008.
Entered: June 9, 2008
JoAnn M. Wahl, Clerk