| SURF CITY ENTERPRISES OF SYRACUSE, INC. V LAURA VAN WERT, DANA MORAN, HEATHER COLLURA, AND THE DAILY ORANGE CORP. |
| Motion No: CA 09-00442 |
| Slip Opinion No: 2009 NYSlipOp 67037(U) |
| Decided on March 17, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00442
| SURF CITY ENTERPRISES OF SYRACUSE, INC., PLAINTIFF-RESPONDENT,
V LAURA VAN WERT, DANA MORAN, HEATHER COLLURA, AND THE DAILY ORANGE CORP.,
DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 5, 2008, and respondent having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affirmation of Christopher J. Robinson dated February 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Pat Kelly dated March 10, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Christopher J. Robinson dated March 12, 2009, the surreply affirmation of Pat Kelly dated March 13, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that appellants shall perfect the appeal on or before April 1, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 17, 2009
JoAnn M. Wahl, Clerk