| KIM M. JOHNSTONE-MANN AND DOUGLAS L. MANN INDIVIDUALLY AND AS HUSBAND AND WIFE V JULIE M. STOUT AND RICHARD D. STOUT |
| Motion No: CA 08-02378 |
| Slip Opinion No: 2008 NYSlipOp 91654(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. |
DOCKET NO. CA 08-02378
| KIM M. JOHNSTONE-MANN AND DOUGLAS L. MANN INDIVIDUALLY AND AS
HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V JULIE M. STOUT AND RICHARD D. STOUT, DEFENDANTS-RESPONDENTS, JULIE M. STOUT,
PLAINTIFF V KIM JOHNSTONE-MANN, DEFENDANT. |
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 Chautauqua on July 28, 2008, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-movedfor an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Thomas P. Kawalec dated November 12, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Mary Speedy Hajdu sworn to November 24, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Thomas P. Kawalec dated November 25, 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 December 31, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: December 8, 2008
JoAnn M. Wahl, Clerk