| J.N.K. MACHINE CORPORATION V TBW, LTD, WOOLSCHLAGER, INC., AND BERNARD C. WOOLSCHLAGER |
| Motion No: CA 10-01282 |
| Slip Opinion No: 2010 NY Slip Op 75873(U) |
| Decided on June 28, 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 10-01282
| J.N.K. MACHINE CORPORATION, PLAINTIFF-RESPONDENT, V TBW, LTD,
WOOLSCHLAGER, INC., AND BERNARD C. WOOLSCHLAGER, 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 Chautauqua on November 19, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian D. Gwitt, Esq. sworn to June 7, 2010, the notice of motion with proof of service thereof, the affidavit of Paul V. Webb, Jr., Esq. sworn to June 11, 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 27, 2010.
Entered: June 28, 2010
Patricia L. Morgan, Clerk