| JUSTIN M. SHUBBUCK V SEAN W. CONNERS AND DENISE M. SABUDA |
| Motion No: NOS. CA 09-01102, CA 09-01103, AND CA 09-01104 |
| Slip Opinion No: 2009 NY Slip Op 75491(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 NOS. CA 09-01102, CA 09-01103, AND CA 09-01104
| JUSTIN M. SHUBBUCK, PLAINTIFF-RESPONDENT, V SEAN W. CONNERS
AND DENISE M. SABUDA, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 28, 2008, August 27, 2008 and September 30, 2008 on the ground that appellants have failed to perfect timely the appeals, and appellants having cross-moved for an extension of time to perfect the appeal from the judgment entered September 30, 2008 (Docket No. CA 09-01104),
Now, upon reading and filing the affirmation of Wayne C. Felle dated May 26, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Melissa M. Murphy dated June 3, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted, to the extent that the appeals from the orders entered April 28, 2008 and August 27, 2008 are dismissed without costs and without prejudice, and
It is further ORDERED that the motion be, and the same hereby is, granted to the extent that the appeal from the judgment entered September 30, 2008 is dismissed without further order unless that appeal is perfected on or before August 17, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: June 17, 2009
Patricia L. Morgan, Clerk