| MELODY BARROWS AND TIMOTHY BARROWS V JAMES ALEXANDER AND PETER CATALANO, INDIVIDUALLY AND DOING BUSINESS AS ALEXANDER & |
| Motion No: CA 09-01707 |
| Slip Opinion No: 2009 NY Slip Op 83290(U) |
| Decided on September 15, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01707
| MELODY BARROWS AND TIMOTHY BARROWS, PLAINTIFFS-RESPONDENTS,
V JAMES ALEXANDER AND PETER CATALANO, INDIVIDUALLY AND DOING BUSINESS AS ALEXANDER & CATALANO, LLP AND ALEXANDER &
CATALANO, LLC, ALEXANDER & CATALANO, LLP AND ALEXANDER & CATALANO, LLC, DEFENDANTS-APPELLANTS. |
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 June 8, 2009, on the ground that the appeal is untimely, and appellants having filed a stipulation withdrawing the appeal,
Now, upon reading and filing the affidavit of Michelle Ellsworth Rudderow sworn to August 18, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: September 15, 2009
Patricia L. Morgan, Clerk