| HOWARD A. SWEET, BARBARA L. SWEET, AND 5341 BROADWAY, LANCASTER, LLC V TEXACO, INC., CHEVRON, INC., AND CHEVRONTEXACO |
| Motion No: CA 08-02671 |
| Slip Opinion No: 2009 NYSlipOp 60755(U) |
| Decided on January 12, 2009 |
| 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 08-02671
| HOWARD A. SWEET, BARBARA L. SWEET, AND 5341 BROADWAY, LANCASTER,
LLC, PLAINTIFFS-RESPONDENTS, V TEXACO, INC., CHEVRON, INC., AND CHEVRONTEXACO CORP.,
DEFENDANTS-APPELLANTS. |
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 Erie on October 14, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John T. Kolaga sworn to December 29, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Greta K. Kolcon sworn to January 8, 2009,
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 February 11, 2009.
Entered: January 12, 2009
JoAnn M. Wahl, Clerk