| MACY'S RETAIL HOLDINGS, INC.,AND KAUFMANN'S CAROUSEL, INC. V CAROUSEL CENTER COMPANY, L.P. |
| Motion No: CA 09-02144 |
| Slip Opinion No: 2009 NY Slip Op 88349(U) |
| Decided on November 9, 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 09-02144
| MACY'S RETAIL HOLDINGS, INC.,AND KAUFMANN'S CAROUSEL, INC.,
PLAINTIFFS-APPELLANTS, V CAROUSEL CENTER COMPANY, L.P., DEFENDANT-RESPONDENT. |
Respondent 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 Onondaga on June 23, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William J. Gilberti, Jr. dated October 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Douglas A. Foss dated November 4, 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 February 8, 2010.
Entered: November 9, 2009
Patricia L. Morgan, Clerk