| CHERYL FOLEY AND WILLIAM FOLEY V WEST-HERR AUTOMOTIVE GROUP, INC., WEST-HERR FORD, INC., AND FORD MOTOR COMPANY |
| Motion No: CA 08-01699 |
| Slip Opinion No: 2008 NYSlipOp 82255(U) |
| Decided on September 2, 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 08-01699
| CHERYL FOLEY AND WILLIAM FOLEY, PLAINTIFFS-APPELLANTS, V
WEST-HERR AUTOMOTIVE GROUP, INC., WEST-HERR FORD, INC., AND FORD MOTOR COMPANY,
DEFENDANTS-RESPONDENTS. |
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 Erie on May 5, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth M. Bergen sworn to August 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated August 21, 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 November 3, 2008.
Entered: September 2, 2008
JoAnn M. Wahl, Clerk