AMEGA GROUP, INC., AND THE ABC COMPANIES, INC. V GROSS, SHUMAN, BRIZDLE & GIFILLAN, P.C., AND HUGH C. CARLON
Motion No: CA 09-00680
Slip Opinion No: 2009 NY Slip Op 77003(U)
Decided on June 30, 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 30, 2009

DOCKET NO. CA 09-00680

AMEGA GROUP, INC., AND THE ABC COMPANIES, INC.,

PLAINTIFFS-APPELLANTS,

V

GROSS, SHUMAN, BRIZDLE & GIFILLAN, P.C., AND HUGH C.

CARLON, 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 12, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Dennis R. McCoy sworn to June 12, 2009, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: June 30, 2009

Patricia L. Morgan, Clerk