| STEPHEN MYERS AND ELIZABETH MYERS V WILLIAM R. MACREA, DOLORES J. ZIMMERMAN MACCREA, KEVIN MACCREA, RORY MACCREA, DEBRA |
| Motion No: CA 08-01476 |
| Slip Opinion No: 2008 NYSlipOp 88928(U) |
| Decided on November 6, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01476
| STEPHEN MYERS AND ELIZABETH MYERS, PLAINTIFFS-APPELLANTS, V
WILLIAM R. MACREA, DOLORES J. ZIMMERMAN MACCREA, KEVIN MACCREA, RORY MACCREA, DEBRA MACCREA, COLIN MACCREA AND ALEX MACCREA,
DEFENDANTS-RESPONDENTS, |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on July 23, 2007,
Now, upon reading and filing the affidavit of David A. Shults sworn to October 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Edward J. Wagner dated October 17, 2008, the reply affidavit of David A. Shults sworn to October 23, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant perfect the appeals on or before December 8, 2008.
Entered: November 6, 2008
JoAnn M. Wahl, Clerk