| JEFFREY M. CARSON AND PATRICIA A. CARSON V THE TOWN OF OSWEGO |
| Motion No: CA 09-02320 |
| Slip Opinion No: 2009 NY Slip Op 91525(U) |
| Decided on December 14, 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 09-02320
| JEFFREY M. CARSON AND PATRICIA A. CARSON,
PLAINTIFFS-APPELLANTS, V THE TOWN OF OSWEGO, 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 Oswego on June 1, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lisa M. Robinson sworn to November 11, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jeffrey M. Carson sworn to December 2, 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 16, 2010.
Entered: December 14, 2009
Patricia L. Morgan, Clerk