| ROBERT BOULDIN, JR. AND DONNA BOULDIN V CSX TRANSPORTATION, INC. AND VALLEY VIEW MOTOR INN, INC. |
| Motion No: CA 09-02576 |
| Slip Opinion No: 2010 NY Slip Op 60876(U) |
| Decided on January 4, 2010 |
| 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 09-02576
| ROBERT BOULDIN, JR. AND DONNA BOULDIN, PLAINTIFFS-APPELLANTS,
V CSX TRANSPORTATION, INC. AND VALLEY VIEW MOTOR INN, INC., DEFENDANTS-RESPONDENTS. |
Respondent Valley View Motor Inn 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 Erie on September 10, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Laurence D. Behr dated December 17, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Colleen M. Murphy dated December 29, 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 March 5, 2010.
Entered: January 4, 2010
Patricia L. Morgan, Clerk