| WILLIAM C. THAYER V SEAN W. BROOKS |
| Motion No: CA 08-02620 |
| Slip Opinion No: 2009 NYSlipOp 60757(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 08-02620
| WILLIAM C. THAYER, PLAINTIFF-RESPONDENT, V SEAN W. BROOKS,
DEFENDANT-APPELLANT. |
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 Oneida on September 23, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of B. Brooks Benson sworn to December 16, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Judith B. Aumand dated January 7, 2009, the notice of cross motion with proof of service thereof,
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 March 13, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 12, 2009
JoAnn M. Wahl, Clerk