| RICHARD J. DESANTIS AND DOREEN DESANTIS V CHERYL DUKE, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF SYLVAN DUKE, JR. |
| Motion No: CA 09-01519 |
| Slip Opinion No: 2009 NY Slip Op 80514(U) |
| Decided on August 10, 2009 |
| 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. |
DOCKET NO. CA 09-01519
| RICHARD J. DESANTIS AND DOREEN DESANTIS,
PLAINTIFFS-RESPONDENTS, V CHERYL DUKE, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF SYLVAN DUKE, JR. (DECEASED), AND CHERYL DUKE,
AS SPECIAL ADMINISTRATOR OF THE ESTATE OF SYLVAN DUKE, JR. (DECEASED) DOING BUSINESS AS DUKE TRUCKING, DEFENDANT-APPELLANT,
MICHAEL P. LOGUIDICE, PARTY RENTAL ENTERPRISES, INC., DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT. |
Defendants-respondents 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 Onondaga on April 15, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Keith D. Miller sworn to July 21, 2009, 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: August 10, 2009
Patricia L. Morgan, Clerk