IN THE MATTER OF RANDY CLOE, TAMMY CLOE, JONATHAN EYLES, JANELLE EYLES, KACI JOELS, STEPHEN JOELS VONNICE JOELS, JAMES
Motion No: CA 09-01407
Slip Opinion No: 2009 NY Slip Op 78751(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.


July 15, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-01407

IN THE MATTER OF RANDY CLOE, TAMMY CLOE, JONATHAN EYLES,

JANELLE EYLES, KACI JOELS, STEPHEN JOELS,

VONNICE JOELS, JAMES LAWRENCE, SR.,

JAMES LAWRENCE, JR., KENNETH LAWRENCE, SR.,

KENNETH LAWRENCE, JR., WILLIAM MAIN,

EDWARD MEREAND, DALE PETRIE, DAVID PIETROSKI,

FRANK ROACH, NICHOLAS SURDO, JR.,

NICHOLAS SURDO, SR., BRIAN WASHBURN, THOMAS WHITMORE,

COLLECTIVELY, REPRESENTING AT LEAST TEN PERCENT OF THE

MEMBERSHIP OF THE SACKETS HARBOR FIRE COMPANY, INC.,

PETITIONERS-APPELLANTS,

ET AL. PETITIONERS,

V

THE ATTORNEY GENERAL FOR THE STATE OF NEW YORK, A PARTY

REQUIRED TO BE NAMED PURSUANT TO NOT FOR PROFIT CORPORATION

LAW SECTION 1102(B), RESPONDENT-RESPONDENT.


Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on August 27, 2008,

Now, upon reading and filing the affidavit of David B. Garwood sworn to June 25, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeal on or before September 8, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 15, 2009

Patricia L. Morgan, Clerk