| DAVID C. DUFF, TAMARA A. DUFF, AND PATRICIA A. COX V ROBIN E. FOSTER , CHRIS M. KRUKOWSKI, AND LAURA J. FULLER |
| Motion No: CA 08-01825 |
| Slip Opinion No: 2008 NYSlipOp 83906(U) |
| Decided on September 22, 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 08-01825
| DAVID C. DUFF, TAMARA A. DUFF, AND PATRICIA A. COX,
PLAINTIFFS-APPELLANTS, V ROBIN E. FOSTER, ET AL., DEFENDANTS, CHRIS M. KRUKOWSKI, AND LAURA J. FULLER,
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 Herkimer on May 29, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Rebecca A. Crance sworn to August 27, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael A. Castle sworn to September 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 November 21, 2008.
Entered: September 22, 2008
JoAnn M. Wahl, Clerk