JOHN K. SABUNCU AND DEBBIE E. SABUNCU V THANEY & ASSOCIATES CPAS, P.C. AND GREGG GENOVESE, C.P.A.
Motion No: CA 08-02303
Slip Opinion No: 2008 NYSlipOp 91593(U)
Decided on December 2, 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.


December 2, 2008

DOCKET NO. CA 08-02303

JOHN K. SABUNCU AND DEBBIE E. SABUNCU,

PLAINTIFFS-APPELLANTS,

V

THANEY & ASSOCIATES CPAS, P.C. AND GREGG GENOVESE, C.P.A.,

DEFENDANTS-RESPONDENTS.


Respondents 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 June 17, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of K. John Bland sworn to November 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Craig D. Chartier dated November 19, 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 16, 2009.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk