| JOAN M. UNGER AND STEVE A. UNGER V AMY A. KELLY AND MICHAEL A. KELLY AMY A. KELLY AND MICHAEL A. KELLY, - V JOAN M. |
| Motion No: CA 09-01497 |
| Slip Opinion No: 2009 NY Slip Op 81420(U) |
| Decided on August 3, 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 09-01497
| JOAN M. UNGER AND STEVE A. UNGER, PLAINTIFFS-RESPONDENTS, V
AMY A. KELLY AND MICHAEL A. KELLY, DEFENDANTS-APPELLANTS. AMY A. KELLY AND MICHAEL A. KELLY, THIRD-PARTY
PLAINTIFFS-APPELLANTS, V JOAN M. UNGER, THIRD-PARTY DEFENDANT-RESPONDENT. |
Third-party defendant-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 April 30, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jan P. Egger dated July 21, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Michael A. Reddy dated July 24, 2009,
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 October 15, 2009.
Entered: August 3, 2009
Patricia L. Morgan, Clerk