| JOHN T. GOWANS AND SHERRY BATCHELDER V OTIS MARSHALL FARMS, INC., DOING BUSINESS AS MARSHALL FARMS OTIS MARSHALL FARMS |
| Motion No: CA 10-01399 |
| Slip Opinion No: 2010 NY Slip Op 77529(U) |
| Decided on July 19, 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 10-01399
| JOHN T. GOWANS AND SHERRY BATCHELDER, PLAINTIFFS, V OTIS
MARSHALL FARMS, INC., DOING BUSINESS AS MARSHALL FARMS, DEFENDANT-APPELLANT. OTIS MARSHALL FARMS, INC. DOING BUSINESS AS MARSHALL
FARMS, THIRD-PARTY PLAINTIFF-APPELLANT, V GOWANS HOME IMPROVEMENT AND HAROLD GOWANS, THIRD-PARTY
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court filed in the Office of the Clerk of the County of Oneida on April 12, 2010, on the ground that appellant failed to timely file and serve a notice of appeal,
Now, upon reading and filing the affidavit of Gabrielle Mardany Hope, Esq. sworn to June 28, 2010, the notice of motion with proof of service thereof, the affidavit of Lauren M. Miller, Esq. sworn to July 8, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see Derrett v Derrett, 229 AD2d 1023; Halpin v Perales, 203 AD2d 675).
Entered: July 19, 2010
Patricia L. Morgan, Clerk