| TAMMY DEGRAFF AND ROBERT DEGRAFF V CONCEPT CONSTRUCTION CORP., T.G.R. ENTERPRISES, INC., AND APOGEE WAUSAU GROUP |
| Motion No: CA 09-00345 |
| Slip Opinion No: 2009 NYSlipOp 65644(U) |
| Decided on March 4, 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 09-00345
| TAMMY DEGRAFF AND ROBERT DEGRAFF, PLAINTIFFS-APPELLANTS, V
CONCEPT CONSTRUCTION CORP., T.G.R. ENTERPRISES, INC., AND APOGEE WAUSAU GROUP,
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 Erie on October 29, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jody E. Briandi sworn to February 12, 2009, the affidavit of Cornelius J. Lang sworn to February 16, 2009, the affidavit of Kevin D. Walsh sworn to February 19, 2009, the notices of motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted, and the appeal is dismissed without costs.
Entered: March 4, 2009
JoAnn M. Wahl, Clerk