| DANIEL ROOSA AND SARA ROOSA V CORNELL REAL PROPERTY SERVICING, INC., CORNELL UNIVERSITY, - . |
| Motion No: NOS. CA 08-01738 AND CA 08-01739 |
| Slip Opinion No: 2008 NYSlipOp 82949(U) |
| Decided on September 9, 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 NOS. CA 08-01738 AND CA 08-01739
| DANIEL ROOSA AND SARA ROOSA, PLAINTIFFS-RESPONDENTS, V
CORNELL REAL PROPERTY SERVICING, INC., CORNELL UNIVERSITY, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. DANIEL ROOSA
AND SARA ROOSA, PLAINTIFFS-RESPONDENTS, V CORNELL REAL PROPERTY SERVICING, INC., ET AL., DEFENDANTS, AND DAVID CHRISTA
CONSTRUCTION, INC., DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Wayne on March 28, 2008 and April 10, 2008, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Denis J. Bastible sworn to August 11, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted with respect to defendants Cornell Real Property Servicing, Inc. and Cornell University and their appeal is dismissed without costs, and
It is further ORDERED that the motion be, and the same hereby is, otherwise denied with leave to renew upon proof of service of the notice of motion upon the attorneys for defendant David Christa Construction, Inc.
Entered: September 9, 2008
JoAnn M. Wahl, Clerk