| DENNIS R. CROMWELL AND BARBARA CROMWELL, V KENNETH E. HESS AND DIANA L. HESS, . |
| Motion No: CA 08-02395 |
| Slip Opinion No: 2008 NYSlipOp 91645(U) |
| Decided on December 8, 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 08-02395
| DENNIS R. CROMWELL AND BARBARA CROMWELL,
PLAINTIFFS-APPELLANTS-RESPONDENTS, V KENNETH E. HESS AND DIANA L. HESS,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Plaintiffs having moved for an extension of time to perfect the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 3, 2008, and defendants having cross-moved for an extension of time to perfect their cross appeal,
Now, upon reading and filing the affidavit of John A. Collins sworn to November 14, 2008, the notice of motion with proof of service thereof, the affidavit of Wendy A. Scott sworn to November 24, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and plaintiffs shall perfect the appeal on or before February 6, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and defendants shall perfect the cross appeal on or before March 9, 2009 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: December 8, 2008
JoAnn M. Wahl, Clerk