| TONY ARNOLD V BALDWIN REAL ESTATE CORPORATION, AND GENESEE WEST ASSOCIATES, LP., |
| Motion No: CA 08-02132 |
| Slip Opinion No: 2008 NYSlipOp 88321(U) |
| Decided on November 5, 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 08-02132
| TONY ARNOLD, PLAINTIFF-RESPONDENT, V BALDWIN REAL ESTATE
CORPORATION, AND GENESEE WEST ASSOCIATES, LP., DEFENDANTS-APPELLANTS |
Respondent 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 April 15, 2008, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Sareer A. Fazili dated October 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard C. Brister dated October 31, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Sareer A. Fazili dated November 2, 2008, the undated surreply affirmation of Richard C. Brister,
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 January 5, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 5, 2008
JoAnn M. Wahl, Clerk