| SHAWN M. BRADY AND RENEE BRADY V FAMILY DOLLAR STORES OF NEW YORK, INC. AND LOCKPORT PLAZA ASSOCIATES, LLC |
| Motion No: CA 08-01640 |
| Slip Opinion No: 2008 NYSlipOp 80183(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 08-01640
| SHAWN M. BRADY AND RENEE BRADY, PLAINTIFFS-APPELLANTS, V
FAMILY DOLLAR STORES OF NEW YORK, INC. AND LOCKPORT PLAZA ASSOCIATES, LLC,
DEFENDANTS-RESPONDENTS. |
Respondent Family Dollar Stores of New York, Inc. 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 May 9, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph L. Mooney sworn to July 24, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated August 4, 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