| BOY SCOUTS OF AMERICA, V CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA, CAYUGA YOUTH TRUST, MICHAEL FERRO |
| Motion No: CA 10-00102 |
| Slip Opinion No: 2010 NY Slip Op 73883(U) |
| Decided on June 8, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00102
| BOY SCOUTS OF AMERICA, PLAINTIFF-RESPONDENT-APPELLANT, V
CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA, CAYUGA YOUTH TRUST, MICHAEL FERRO, WALTER LOWE, CHARLES BOULEY, JR., AND
DONALD GRILLO, DEFENDANTS-APPELLANTS-RESPONDENTS. |
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 Cayuga on December 29, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of S. Paul Battaglia, Esq. dated to May 21, 2010, May 26, 2010, and June 4, 2010, the notice of motion with proof of service thereof, the affidavit of Angela C. Winfield, Esq. sworn to June 3, 2010, the affidavit of Christopher Wiles, Esq. sworn to June 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 9, 2010.
Entered: June 8, 2010
Patricia L. Morgan, Clerk