| DOUG BURNETT AND KELLY BURNETT V COLUMBUS MCKINNON CORPORATION |
| Motion No: CA 09-00016 |
| Slip Opinion No: 2009 NYSlipOp 62178(U) |
| Decided on January 21, 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 09-00016
| DOUG BURNETT AND KELLY BURNETT, PLAINTIFFS-RESPONDENTS, V
COLUMBUS MCKINNON CORPORATION, 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 Erie on August 18, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Alan P. Schaefer sworn to January 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Richard A. Clack sworn to January 14, 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 March 16, 2009.
Entered: January 21, 2009
JoAnn M. Wahl, Clerk