THERESA MILEA AND EARL MILEA, INDIVIDUALLY, AND THERESA MILEA, AS PARENT AND NATURAL GUARDIAN OF ANTHONY MILEA, AN

THERESA MILEA AND EARL MILEA, INDIVIDUALLY, AND THERESA MILEA, AS PARENT AND NATURAL GUARDIAN OF ANTHONY MILEA, AN

Motion No: NOS. CA 08-00662 AND CA 08-00663

Slip Opinion No: 2008 NYSlipOp 82877(U)

Decided on September 3, 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.

September 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-00662 AND CA 08-00663

THERESA MILEA AND EARL MILEA, INDIVIDUALLY, AND THERESA
MILEA, AS PARENT AND NATURAL GUARDIAN OF ANTHONY MILEA, AN
INFANT, PLAINTIFFS-APPELLANTS,
V
THE CITY OF SYRACUSE, THE CITY OF SYRACUSE DEPARTMENT OF
PUBLIC WORKS AND NELSON F. DERBY, JR.,
DEFENDANTS-RESPONDENTS.

Appellants having moved for an extension of time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 30, 2007, and January 17, 2008,

Now, upon reading and filing the affidavit of John A. Cirando sworn to August 6, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeals on or before October 9, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: September 3, 2008

JoAnn M. Wahl, Clerk