| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF |
| Motion No: CA 09-02249 |
| Slip Opinion No: 2009 NY Slip Op 89046(U) |
| Decided on November 16, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-02249
| DAY WHOLESALE, INC. AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V THE STATE OF NEW YORK, ANDREW M. CUOMO AS ATTORNEY GENERAL OF THE STATE OF NEW YORK,
ROBERT L. MEGNA, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ELIOT SPITZER, AS FORMER ATTORNEY
GENERAL OF THE STATE OF NEW YORK, AND DAVID WEINSTEIN, AS FORMER ASSISTANT ATTORNEY GENERAL,
DEFENDANTS-APPELLANTS. |
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 Erie on January 27, 2009,
Now, upon reading and filing the affirmation of Robert M. Goldfarb dated November 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Margaret A. Murphy dated November 13, 2009, 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 January 15, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 16, 2009
Patricia L. Morgan, Clerk