| KENNETH BURNS AND JULIA BURNS V CITY OF BATAVIA , AND ERDMAN, ANTHONY AND ASSOCIATES, INC |
| Motion No: NOS. CA 09-00671 AND CA 09-00672 |
| Slip Opinion No: 2009 NY Slip Op 71102(U) |
| Decided on April 27, 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 NOS. CA 09-00671 AND CA 09-00672
| KENNETH BURNS AND JULIA BURNS, PLAINTIFFS-APPELLANTS, V CITY
OF BATAVIA, ET AL., DEFENDANTS, AND ERDMAN, ANTHONY AND ASSOCIATES, INC, DEFENDANT-RESPONDENT. KENNETH BURNS AND JULIE
BURNS, PLAINTIFFS-APPELLANTS, V CITY OF BATAVIA, CITY OF BATAVIA DEPARTMENT OF PUBLIC WORKS, DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANT. |
Respondents City of Batavia and City of Batavia Department of Public Works having moved to dismiss the appeals taken from an order and an amended judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on November 10, 2008 and December 12, 2008, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Ann M. Campbell sworn to April 2, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to April 15, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before June 26, 2009.
Entered: April 27, 2009
Patricia L. Morgan, Clerk