| 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: 2010 NY Slip Op 61988(U) |
| Decided on January 12, 2010 |
| 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 Dennis Weeks 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 appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas E. Liptak sworn to December 21, 2009, the notice of motion with proof of service thereof,
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 12, 2010
Patricia L. Morgan, Clerk