| MARY PERRONE TIMOTHY DAVIS AND MICHELLE DAVIS V CARGILL SALT COMPANY, INC., LONGHORN TRUCKING COMPANY, AND RON ALLEN |
| Motion No: CA 09-00203 |
| Slip Opinion No: 2009 NYSlipOp 63891(U) |
| Decided on February 18, 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 09-00203
| MARY PERRONE, PLAINTIFF, TIMOTHY DAVIS AND MICHELLE DAVIS,
PLAINTIFFS-APPELLANTS, V CARGILL SALT COMPANY, INC., LONGHORN TRUCKING COMPANY, AND RON ALLEN TRUCKING COMPANY,
DEFENDANTS-RESPONDENTS. |
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 Herkimer on September 22, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of MacKenzie C. Monaco sworn to January 23, 2009, the affidavit of Stephen T. Helmer sworn to February 6, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Albert A. Altieri dated February 9, 2009,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 20, 2009.
Entered: February 18, 2009
JoAnn M. Wahl, Clerk