| ALMA D. PAYNE AND LOUIS B. PAYNE, JR., INDIVIDUALLY AND AS WIFE AND HUSBAND V R-D MAINTENANCE UNLIMITED, INC. , JOSEPH |
| Motion No: CA 09-02103 |
| Slip Opinion No: 2009 NY Slip Op 88352(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 09-02103
| ALMA D. PAYNE AND LOUIS B. PAYNE, JR., INDIVIDUALLY AND AS WIFE AND
HUSBAND, PLAINTIFFS-APPELLANTS, V R-D MAINTENANCE UNLIMITED, INC., ET AL., DEFENDANTS, JOSEPH E. SMITH DOING BUSINESS
AS JES ENTERPRISES, 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 Niagara on July 24, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Pierre A. Vincent dated October 15, 2009, the notice of motion with proof of service thereof, the opposing affirmation of David O. Teach dated October 20, 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 January 8, 2010.
Entered: November 9, 2009
Patricia L. Morgan, Clerk