| IN THE MATTER OF ALAN A. JOHNSON AND M. LYNN JOHNSON V KIMBERLY A. FRANCABANBIERO, JOSETTE MANCUSO, STEPHANIE A. |
| Motion No: CA 08-01931 |
| Slip Opinion No: 2008 NYSlipOp 85857(U) |
| Decided on October 7, 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 08-01931
| IN THE MATTER OF ALAN A. JOHNSON AND M. LYNN JOHNSON,
PETITIONERS-RESPONDENTS, V KIMBERLY A. FRANCABANBIERO, JOSETTE MANCUSO, STEPHANIE A. MANCUSO AND ANGELA MANCUSO,
RESPONDENTS-APPELLANTS. |
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 February 21, 2008, on the ground inter alia that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John B. Surgalla sworn to September 15,2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: October 7, 2008
JoAnn M. Wahl, Clerk