| WESTERN NEW YORK LAND CONSERVANCY, INC. V JOHN S. CULLEN AND CULLENWOOD FARMS, LLC |
| Motion No: CA 08-02034 |
| Slip Opinion No: 2008 NYSlipOp 85845(U) |
| Decided on October 6, 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 08-02034
| WESTERN NEW YORK LAND CONSERVANCY, INC.,
PLAINTIFF-RESPONDENT, V JOHN S. CULLEN AND CULLENWOOD FARMS, LLC,
DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of R. Anthony Rupp, III sworn to September 26, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Michael R. McGee dated September 30, 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 December 5, 2008.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk