| INNOVATIVE TRANSMISSION & ENGINE COMPANY, LLC AND D.R. WATSON HOLDINGS, LLC V RICHARD S. MASSARO, JR., RICHARD S. |
| Motion No: CA 08-01175 |
| Slip Opinion No: 2008 NYSlipOp 77324(U) |
| Decided on July 1, 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 08-01175
| INNOVATIVE TRANSMISSION & ENGINE COMPANY, LLC AND D.R. WATSON
HOLDINGS, LLC, PLAINTIFFS-APPELLANTS, V RICHARD S. MASSARO, JR., RICHARD S. MASSARO, SR., JAMES RAIA, A.P. BERSOHN AND CO., LLC,
CPA'S, RAIA, BREDEFELD & ASSOCIATES, P.C., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. |
Respondents Richard S. Massaro, Jr., and Richard S. Massaro, Sr. 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 January 18, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Andrew O. Miller dated May 27, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Larry Kerman dated June 18, 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 29, 2008.
Entered: July 1, 2008
JoAnn M. Wahl, Clerk