KENNETH POKORSKI, CHRISTINE E. DODDS, AND DAVID DALE, - V GANNETT CO., INC., WGRZ TV, MARIA SISTI, RICH KELLMAN, ELLEN
Motion No: CA 09-00826
Slip Opinion No: 2009 NY Slip Op 71768(U)
Decided on May 5, 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.


May 5, 2009

DOCKET NO. CA 09-00826

KENNETH POKORSKI, CHRISTINE E. DODDS, AND

DAVID DALE, PLAINTIFFS-APPELLANTS,

ET AL., PLAINTIFF,

V

GANNETT CO., INC., WGRZ TV, MARIA SISTI,

RICH KELLMAN, ELLEN CROOK,LYNN DIXON, AND

ROBYN YOUNG, 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 Erie on April 24, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Leslie Paul Machado sworn to April 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael W. Rickard, II sworn to April 30, 2009, the opposing affidavit of David Dale sworn to April 30, 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 July 6, 2009.

Entered: May 5, 2009

Patricia L. Morgan, Clerk