EDWARD YOON AND REGINA YOON, AS PARENTS AND NATURAL GUARDIANS OF THOMAS YOON, AN INFANT V ROBERT MORRIS, ET AL COUNTY

EDWARD YOON AND REGINA YOON, AS PARENTS AND NATURAL GUARDIANS OF THOMAS YOON, AN INFANT V ROBERT MORRIS, ET AL COUNTY

Motion No: CA 08-02072

Slip Opinion No: 2008 NYSlipOp 87806(U)

Decided on October 23, 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.

October 23, 2008

DOCKET NO. CA 08-02072

EDWARD YOON AND REGINA YOON, AS PARENTS AND NATURAL
GUARDIANS OF THOMAS YOON, AN INFANT, PLAINTIFFS-APPELLANTS,
V
ROBERT MORRIS, ET AL, DEFENDANTS,
COUNTY OF MONROE AND TOWN OF BRIGHTON,
DEFENDANTS-RESPONDENTS.

TOWN OF BRIGHTON, THIRD-PARTY PLAINTIFF,
V
MCCORD LANDSCAPE ARCHITECTURE, DOUGLAS C. MCCORD, OWNER OF
MCCORD LANDSCAPE ARCHITECTURE, INDIVIDUALLY AND AS OWNER OF
MCCORD LANDSCAPE ARCHITECTURE, THIRD-PARTY
DEFENDANTS-RESPONDENTS,
ET AL., THIRD-PARTY DEFENDANT.

Respondent County of Monroe 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 July 7, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Howard A. Stark dated October 3, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Paul F. Shanahan dated October 16, 2008, the reply affirmation of Howard A. Stark dated October 17, 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 31, 2008.

Entered: October 23, 2008

JoAnn M. Wahl, Clerk