| CORIEY REYNOLDS AND PENNY REYNOLDS V MILLARD J. KNIBBS AND REBECCA KNIBBS |
| Motion No: CA 09-01984 |
| Slip Opinion No: 2009 NY Slip Op 87237(U) |
| Decided on October 26, 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 09-01984
| CORIEY REYNOLDS AND PENNY REYNOLDS, PLAINTIFFS-RESPONDENTS,
V MILLARD J. KNIBBS AND REBECCA KNIBBS, DEFENDANTS-APPELLANTS. |
Respondent Coriey Reynolds 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 Ontario on June 23, 2009, on the ground that appellants have failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Robert L. Voltz sworn to October 1, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Joshua P. Rubin dated October 8, 2009, the notice of cross 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 further order unless the appeal is perfected on or before December 31, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: October 26, 2009
Patricia L. Morgan, Clerk