| KESSEL BRENT CORPORATION AND CHRISTOPHER C. VESCERA V BENDERSON PROPERTY DEVELOPMENT, INC |
| Motion No: CA 09-00357 |
| Slip Opinion No: 2009 NY Slip Op 75483(U) |
| Decided on June 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. |
DOCKET NO. CA 09-00357
| KESSEL BRENT CORPORATION AND CHRISTOPHER C. VESCERA,
PLAINTIFFS-APPELLANTS, V BENDERSON PROPERTY DEVELOPMENT, INC, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 20, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John J. Henry sworn to May 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard E. Kaplan dated June 1, 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 August 14, 2009.
Entered: June 17, 2009
Patricia L. Morgan, Clerk