| NEAL TOOLEY AND KENDRA TOOLEY V FERN R. CORP |
| Motion No: CA 08-01490 |
| Slip Opinion No: 2008 NYSlipOp 88619(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 08-01490
| NEAL TOOLEY AND KENDRA TOOLEY, PLAINTIFFS-APPELLANTS, V
FERN R. CORP, DEFENDANT-RESPONDENT. |
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 Jefferson on June 27, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert J. Slye dated October 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard B. Alderman dated October 23, 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 January 5, 2009.
Entered: November 5, 2008
JoAnn M. Wahl, Clerk