| STEVEN RACZKA, AND DIANE RACZKA V DAVID F. RAMIREZ ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK |
| Motion No: CA 09-00107 |
| Slip Opinion No: 2009 NYSlipOp 62862(U) |
| Decided on February 3, 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 09-00107
| STEVEN RACZKA, AND DIANE RACZKA, PLAINTIFFS-APPELLANTS, V
DAVID F. RAMIREZ, DEFENDANT, ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK CONSTRUCTION, INC., ALLIED BUILDERS,
INC., J & M DISTRIBUTING CO., INC., DOING BUSINESS AS CERTO BROTHERS DISTRIBUTING COMPANY,
DEFENDANTS-RESPONDENTS. |
Respondent Ellicott Creek Construction, Inc. 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 4, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph A. Matteliano dated January 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated January 30, 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 3, 2009
JoAnn M. Wahl, Clerk