| CHERYL KALENDA AND MENYHERT KALENDA, JR. V MAR-WAL CONSTRUCTION CO., INC. |
| Motion No: CA 08-02391 |
| Slip Opinion No: 2008 NYSlipOp 91655(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 08-02391
| CHERYL KALENDA AND MENYHERT KALENDA, JR.,
PLAINTIFFS-APPELLANTS, V MAR-WAL CONSTRUCTION CO., INC., 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 Erie on June 6, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph G. Goergen, II sworn to November 5, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Robert H. Perk sworn to November 20, 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 30, 2009.
Entered: December 8, 2008
JoAnn M. Wahl, Clerk