| DAVID SEBASTIAN AND MICHELLE SEBASTIAN, AS PARENTS AND NATURAL GUARDIANS OF HALLIE SEBASTIAN, AN INFANT UNDER THE AGE |
| Motion No: CA 09-00074 |
| Slip Opinion No: 2009 NYSlipOp 62855(U) |
| Decided on February 2, 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 09-00074
| DAVID SEBASTIAN AND MICHELLE SEBASTIAN, AS PARENTS AND NATURAL
GUARDIANS OF HALLIE SEBASTIAN, AN INFANT UNDER THE AGE OF 14 YEARS, PLAINTIFFS-APPELLANTS, V HANAFORD SUPERMARKET,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 1, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher M. McDonald sworn to January 8, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Ralph W. Fusco sworn to January 26, 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 April 3, 2009.
Entered: February 2, 2009
JoAnn M. Wahl, Clerk