| PAUL JOHNSON, KEVIN JOHNSON, AND MARION JOHNSON V BAUER CORPORATION AND MCQUADE & BANNIGAN, INC. |
| Motion No: CA 09-01608 |
| Slip Opinion No: 2009 NY Slip Op 81474(U) |
| Decided on August 18, 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 09-01608
| PAUL JOHNSON, KEVIN JOHNSON, AND MARION JOHNSON,
PLAINTIFFS-APPELLANTS, V BAUER CORPORATION AND MCQUADE & BANNIGAN, INC.,
DEFENDANTS-RESPONDENTS. |
Respondent Bauer Corporation having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on March 31, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kenneth M. Alweis sworn to July 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael A. Castle sworn to August 12, 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 October 19, 2009.
Entered: August 18, 2009
Patricia L. Morgan, Clerk