DAVID MEADE, MARILYN MCKNIGHT AND WORKPLACE SAFETY & INSURANCE BOARD OF ONTARIO V BAILLIE LUMBER CO., INC., BAILLIE
Motion No: CA 09-01195
Slip Opinion No: 2009 NY Slip Op 76186(U)
Decided on June 22, 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.


June 22, 2009

DOCKET NO. CA 09-01195

DAVID MEADE, MARILYN MCKNIGHT AND

WORKPLACE SAFETY & INSURANCE BOARD OF ONTARIO,

PLAINTIFFS-APPELLANTS,

V

BAILLIE LUMBER CO., INC.,

BAILLIE LUMBER CO., L.P., AND

BAILUMCO LLC, 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 March 2, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Ryan J. Lucinski dated June 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Steven M. Zweig dated June 18, 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 6, 2009.

Entered: June 22, 2009

Patricia L. Morgan, Clerk