SALVATORE MONDELLO, SR., AND SALVATORE MONDELLO, JR., AS INDIVIDUALS AND DOING BUSINESS AS MONDELLO CONSTRUCTION V

SALVATORE MONDELLO, SR., AND SALVATORE MONDELLO, JR., AS INDIVIDUALS AND DOING BUSINESS AS MONDELLO CONSTRUCTION V

Motion No: CA 09-00570

Slip Opinion No: 2009 NYSlipOp 68369(U)

Decided on March 31, 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.

March 31, 2009

DOCKET NO. CA 09-00570

SALVATORE MONDELLO, SR., AND
SALVATORE MONDELLO, JR., AS INDIVIDUALS AND DOING BUSINESS
AS MONDELLO CONSTRUCTION, PLAINTIFFS-APPELLANTS,
V
THOMAS FARRELL AND ROSEMARY FARRELL,
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 Onondaga on October 28, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Rebecca A. Crance sworn to March 16, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert A. Durr sworn to March 24, 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 29, 2009.

Entered: March 31, 2009

JoAnn M. Wahl, Clerk