| ALLEN M. NOLT AND MARY ELLA W. NOLT V EARL T. WADHAMS, JOHN WADHAMS, RODNEY WADHAMS, JOHN A. MCMILLIN, SHIRLEY M. |
| Motion No: CA 08-00920 |
| Slip Opinion No: 2008 NYSlipOp 79126(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 08-00920
| ALLEN M. NOLT AND MARY ELLA W. NOLT, PLAINTIFFS-RESPONDENTS,
V EARL T. WADHAMS, JOHN WADHAMS, RODNEY WADHAMS, JOHN A. MCMILLIN, SHIRLEY M. MCMILLIN AND CENTRAL APPALACHIAN PETROLEUM
CORP., DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on March 19, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. Michael Wood dated July 10, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John Wadhams sworn to July 24, 2008, the opposing affidavit of John P. Porter sworn to July 24, 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 September 26, 2008.
Entered: July 29, 2008
JoAnn M. Wahl, Clerk