| JANE L. MARGOLIS AND JEROME E. MARGOLIS V VOLKSWAGEN OF AMERICA, INC. VOLKSWAGEN AG VOLKSWAGEN DE MEXICO S.A. DE. CV |
| Motion No: CA 10-00049 |
| Slip Opinion No: 2010 NY Slip Op 61987(U) |
| Decided on January 12, 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 10-00049
| JANE L. MARGOLIS AND JEROME E. MARGOLIS,
PLAINTIFFS-RESPONDENTS, V VOLKSWAGEN OF AMERICA, INC., VOLKSWAGEN AG, VOLKSWAGEN DE MEXICO S.A. DE. CV, AND TIMOTHY P.
BOSCH, DEFENDANTS, RAYMOND CASE AND RAY CASE FLOORS, INC., DEFENDANTS-APPELLANTS. |
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 Monroe on July 13, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark J. Valerio dated December 30, 2009, the notice of motion with proof of service thereof, the opposing affirmations of Michael A. Reddy and Frank G. Montemalo dated January 4, 2010 and January 5, 2010,
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 12, 2010.
Entered: January 12, 2010
Patricia L. Morgan, Clerk