| KAREN MCGRATH AND STEVEN FOLEY V TOWN OF IRONDEQUOIT |
| Motion No: CA 08-02622 (AMENDED) |
| Slip Opinion No: 2009 NYSlipOp 60809(U) |
| Decided on January 14, 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 08-02622 (AMENDED)
| KAREN MCGRATH AND STEVEN FOLEY, PLAINTIFFS-RESPONDENTS, V
TOWN OF IRONDEQUOIT, DEFENDANT-APPELLANT. |
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 Monroe on August 28, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael J. Tuohey dated December 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Gerard E. O'Connor sworn to December 23, 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 March 13, 2009.
Entered: January 14, 2009
JoAnn M. Wahl, Clerk