| JOHN T. NOTHNAGLE, INC. V PETER G. CHIARIELLO, ELMER'S BRIGHTON GARAGE, INC., - |
| Motion No: NOS. CA 08-02263 AND CA 08-02264 |
| Slip Opinion No: 2009 NYSlipOp 63852(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 NOS. CA 08-02263 AND CA 08-02264
| JOHN T. NOTHNAGLE, INC., PLAINTIFF-RESPONDENT, V PETER G.
CHIARIELLO, ELMER'S BRIGHTON GARAGE, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS (APPEAL NO. 1.) JOHN T. NOTHNAGLE,
INC., PLAINTIFF-RESPONDENT, V PETER G. CHIARIELLO, ELMER'S BRIGHTON GARAGE, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS
(APPEAL NO. 2.) |
Plaintiff having moved to dismiss the appeals taken by defendants from an order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 9, 2008 and October 24, 2008 on the ground that defendants have failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Richard J. Evans dated January 29, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Carl J. Feinstock dated February 2, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and defendants' appeals are dismissed without further order unless the appeals are perfected on or before April 10, 2009.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk