| LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K. TURNER, AND LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND |
| Motion No: CA 09-00412 |
| Slip Opinion No: 2009 NYSlipOp 67013(U) |
| Decided on March 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 09-00412
| LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K. TURNER,
AND LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF COURTNEY TURNER, JONATHAN TURNER, TYLER TURNER AND
ANDREW TURNER, INFANTS UNDER 14 YEARS OF AGE, PLAINTIFF-RESPONDENT-APPELLANT, V STEVE M. VULCAN, ET AL., DEFENDANTS,
HEARNS SHOWBOAT, INC., AMERICAN LEGION VERNICE SUTTLE POST NO. 113, JAMES VULCAN, DEFENDANTS-RESPONDENTS, AND BALDWINSVILLE
LODGE NO. 644, LOYAL ORDER OF MOOSE, DEFENDANT-APPELLANT-RESPONDENT. |
Respondent-appellant 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 Onondaga on December 1, 2008, on the ground that appellant-respondent has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John J. Marzocchi dated February 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Lena Holubnyczyj dated February 26, 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 May 11, 2009.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk