| DEBORAH MUSCATO AND JAMES MUSCATO V NEW ENGLAND SEAFOOD OF HARTLAND, INC., DENNIS WEEKS, R & M PAVING AND SEALING |
| Motion No: CA 09-02323 |
| Slip Opinion No: 2009 NY Slip Op 89715(U) |
| Decided on November 23, 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 09-02323
| DEBORAH MUSCATO AND JAMES MUSCATO, PLAINTIFFS-APPELLANTS, V
NEW ENGLAND SEAFOOD OF HARTLAND, INC., DENNIS WEEKS, R & M PAVING AND SEALING, INC., AND TOWN OF HARTLAND,
DEFENDANTS-RESPONDENTS. |
Respondent Town of Hartland 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 Niagara on July 20, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew J. Duggan dated November 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Mark Shatkin dated November 20, 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 January 22, 2010.
Entered: November 23, 2009
Patricia L. Morgan, Clerk