| CAROLYN BROX AND CHARLES A. BROX, JR. V THE VILLAGE OF CHAUMONT, BERNIER, CARR & ASSOCIATES, ENGINEERS, ARCHITECTS AND |
| Motion No: CA 09-01332 |
| Slip Opinion No: 2009 NY Slip Op 78746(U) |
| Decided on July 15, 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 09-01332
| CAROLYN BROX AND CHARLES A. BROX, JR., PLAINTIFFS-APPELLANTS,
V THE VILLAGE OF CHAUMONT, BERNIER, CARR & ASSOCIATES, ENGINEERS, ARCHITECTS AND LAND SURVEYORS, MARCELLUS CONSTRUCTION
COMPANY, INC, NEW CENTURY ELECTRIC, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. |
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 Jefferson on March 9, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sheri L. Mooney sworn to June 25, 2009, the affidavit of Matthew D. Grumaer sworn to July 2, 2009, the notices of motion with proof of service thereof, the affidavit of Thomas A. Rill sworn to July 2, 2009, the opposing affirmation of Michael A. Bottar dated July 9, 2009,
It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 14, 2009.
Entered: July 15, 2009
Patricia L. Morgan, Clerk