GLENDA ANDREASSI AND DAVID ANDREASSI V CERIO COLLETTA
Motion No: CA 07-02529
Slip Opinion No: 2007 NYSlipOp 86943(U)
Decided on December 17, 2007
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.


December 17, 2007

DOCKET NO. CA 07-02529

GLENDA ANDREASSI AND DAVID ANDREASSI,

PLAINTIFFS-APPELLANTS,

V

CERIO COLLETTA, DEFENDANT-RESPONDENT.


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 August 3, 2007, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Cynthia A. Constantino dated

December 3, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Thomas J. Rzepka sworn to December 14, 2007,

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

February 15, 2008.

Entered: December 17, 2007

JoAnn M. Wahl, Clerk