| DAVID BALCER GWYNNE BALCER AND EVAN LANG V RODNEY WHITING, LUANN WHITING, - . |
| Motion No: CA 08-01481 |
| Slip Opinion No: 2008 NYSlipOp 79106(U) |
| Decided on July 29, 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 08-01481
| DAVID BALCER, PLAINTIFF, GWYNNE BALCER AND EVAN LANG,
PLAINTIFFS-APPELLANTS, V RODNEY WHITING, LUANN WHITING, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT. |
Respondents 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 Orleans on January 15, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicole Schreib Mayer sworn to July 10, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: July 29, 2008
JoAnn M. Wahl, Clerk