ERNEST PASSARO AND LORI RYS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF ALEXIS M. PASSARO, AN INFANT V
Motion No: CA 08-00972
Slip Opinion No: 2008 NYSlipOp 72239(U)
Decided on May 12, 2008
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.


May 12, 2008

DOCKET NO. CA 08-00972

ERNEST PASSARO AND LORI RYS, INDIVIDUALLY AND AS PARENTS

AND NATURAL GUARDIANS OF ALEXIS M. PASSARO, AN INFANT,

PLAINTIFFS-APPELLANTS,

V

RICHARD D. BAUTER, 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 Ontario on January 31, 2008, on the ground that appellants have failed to perfect timely the appeal

Now, upon reading and filing the affirmation of Jo Anne Leegant dated May 1, 2008, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without costs.

Entered: May 12, 2008

JoAnn M. Wahl, Clerk