| BRIAN R. ATWATER AND MELISSA J. ATWATER V THUNDER BAY HOMES , RYDER TRUCK RENTAL, INC., ERIC J. CONGER AND ANDREW |
| Motion No: CA 09-00618 |
| Slip Opinion No: 2009 NYSlipOp 69144(U) |
| Decided on April 7, 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 09-00618
| BRIAN R. ATWATER AND MELISSA J. ATWATER,
PLAINTIFFS-RESPONDENTS, V THUNDER BAY HOMES, ET AL., DEFENDANTS, RYDER TRUCK RENTAL, INC., ERIC J. CONGER AND ANDREW
FULLER, INDIVIDUALLY AND DOING BUSINESS AS ANDY FULLER TRUCKING OR FULLER TRUCKING,
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 June 17, 2008,
Now, upon reading and filing the affirmation of Janet D. Callahan dated March 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Harry V. Armani sworn to April 2, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeal on or before June 5, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 7, 2009
Patricia L. Morgan, Deputy Clerk