| DANIEL ROOSA AND SARA ROOSA V CORNELL REAL PROPERTY SERVICING, INC. , AND DAVID CHRISTA CONSTRUCTION, INC. |
| Motion No: CA 08-01739 |
| Slip Opinion No: 2008 NYSlipOp 85860(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 08-01739
| 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 appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Wayne on April 10, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Denis J. Bastible sworn to September 16, 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