| LINDA E. BATY AND DOUGLAS THOMAS V WIN-SUM SKI CORP. |
| Motion No: CA 09-00124 |
| Slip Opinion No: 2009 NYSlipOp 63844(U) |
| Decided on February 13, 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 09-00124
| LINDA E. BATY AND DOUGLAS THOMAS, PLAINTIFFS-APPELLANTS, V
WIN-SUM SKI CORP., DEFENDANT-RESPONDENT. |
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 Cattaraugus on September 17, 2008, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Brian A. Birenbach sworn to January 15, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Thomas E. Wojtan dated February 4, 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 April 10, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk