| STEPHEN SZCZESNIAK AND MARGARET SZCZESNIAK V MARK WHITFORD, - . |
| Motion No: CA 09-00329 |
| Slip Opinion No: 2009 NYSlipOp 64597(U) |
| Decided on February 23, 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 09-00329
| STEPHEN SZCZESNIAK AND MARGARET SZCZESNIAK,
PLAINTIFFS-RESPONDENTS, V MARK WHITFORD, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
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 Livingston on July 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of David A. Merkel dated February 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Sheila Finn Schwedes dated February 13, 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 24, 2009.
Entered: February 23, 2009
JoAnn M. Wahl, Clerk