| ZACHARY W. GITCHELL, AN INFANT BY AND THROUGH HIS NATURAL PARENTS AND LEGAL GUARDIANS KIMBERLY FEEHAN AND WILLIAM |
| Motion No: CA 08-01953 |
| Slip Opinion No: 2008 NYSlipOp 87770(U) |
| Decided on October 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 08-01953
| ZACHARY W. GITCHELL, AN INFANT BY AND THROUGH HIS NATURAL
PARENTS AND LEGAL GUARDIANS KIMBERLY FEEHAN AND WILLIAM GITCHELL, AND KIMBERLY FEEHAN AND WILLIAM GITCHELL, INDIVIDUALLY,
PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOSEPH M. CORBY, ET AL., DEFENDANTS, AND WATKINS GLEN INTERNATIONAL, INC.,
DEFENDANT-RESPONDENT-APPELLANT. |
Respondent-appellant 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 Steuben on June 17, 2008, on the ground that appellants-respondents have failed to perfect timely the appeal, and appellants-respondents having cross-moved to dismiss the cross appeal for failure to perfect timely,
Now, upon reading and filing the affidavit of Matthew J. Kelly sworn to September 16, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Jacob P. Welch sworn to October 7, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Matthew J. Kelly sworn to October 15, 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 19, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before January 20, 2009.
Entered: October 22, 2008
JoAnn M. Wahl, Clerk