| JOHN S. GREY AND JENNIFER L. GREY V FIRST BAPTIST CHURCH OF OLEAN, NEW YORK, ALSO KNOWN AS FIRST BAPTIST CHURCH |
| Motion No: CA 08-01636 |
| Slip Opinion No: 2008 NYSlipOp 80626(U) |
| Decided on August 18, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01636
| JOHN S. GREY AND JENNIFER L. GREY, PLAINTIFFS-RESPONDENTS, V
FIRST BAPTIST CHURCH OF OLEAN, NEW YORK, ALSO KNOWN AS FIRST BAPTIST CHURCH, DEFENDANT-APPELLANT, CHRISTIAN C. HENZEL AND
CATHERINE M. MALEY, DEFENDANTS-RESPONDENTS. |
Defendant-appellant having moved for an extension of time to perfect the appeal taken from an amended order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on November 13, 2007, and defendants-respondents having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affidavit of Michelle M. Westerman sworn to July 30, 2008, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Shane sworn to August 5, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Michelle M. Westerman sworn to August 13, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that defendant-appellant shall perfect the appeal on or before October 23, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 18, 2008
JoAnn M. Wahl, Clerk