| BARBARA BENNETT, JANICE MARTINEZ, AND PHYLLIS DELIA V ELIS J. DELIA |
| Motion No: CA 08-01626 |
| Slip Opinion No: 2008 NYSlipOp 80181(U) |
| Decided on August 13, 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 08-01626
| BARBARA BENNETT, JANICE MARTINEZ, AND PHYLLIS DELIA,
PLAINTIFFS-RESPONDENTS, V ELIS J. DELIA, DEFENDANT-APPELLANT. |
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 Oneida on April 28, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jonathan B. Fellows sworn to July 29, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Michael E. Getnick dated July 31, 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 October 10, 2008.
Entered: August 13, 2008
JoAnn M. Wahl, Clerk