| JOSEPH J. ARIENO, EVA M. NASIADKA, PAMELA K. LARKIN-HAYES, KATHLEEN WRIGHT-BLAKE, MARGARET ELLIS-POLK, PAMELA L. ERVIN |
| Motion No: CA 08-01916 |
| Slip Opinion No: 2008 NYSlipOp 85864(U) |
| Decided on October 8, 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 08-01916
| JOSEPH J. ARIENO, EVA M. NASIADKA, PAMELA K. LARKIN-HAYES, KATHLEEN
WRIGHT-BLAKE, MARGARET ELLIS-POLK, PAMELA L. ERVIN, ARNOLD M. LABARBERA, AND TODD E. EGGERT, PLAINTIFFS-APPELLANTS,
V SWB FUNERAL SERVICES, INC. DOING BUSINESS AS PROFETTA FUNERAL HOME CHAPEL, SCOTT W. BATIER, DEFENDANTS-RESPONDENTS, ET
AL., DEFENDANTS. |
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 Monroe on May 12, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Andrew P. Keaveney dated September 9, 2008, the notice of motion with proof of service thereof, the opposing affidavit of David H. Charlip sworn to October 3, 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 22, 2008..
Entered: October 8, 2008
JoAnn M. Wahl, Clerk