JEFFREY ARCH AND LISA D. SUMMERS V AMERICAN KENNEL CLUB, RONALD H. MENKER, DAVID C. MERRIAM, DR. J. CHARLES GARVIN
Motion No: CA 10-00135
Slip Opinion No: 2010 NY Slip Op 62053(U)
Decided on January 25, 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.


January 25, 2010

DOCKET NO. CA 10-00135

JEFFREY ARCH AND LISA D. SUMMERS, PLAINTIFFS-APPELLANTS,

V

AMERICAN KENNEL CLUB, RONALD H. MENKER, DAVID C. MERRIAM,

DR. J. CHARLES GARVIN,

STEVEN D. GLADSTONE, PATRICIA SCULLY,

DR. CARMEN L. BATTAGLIA, DR. WILLIAM R. NEWMAN,

NINA SCHAFFER, DR. PATRICIA H. HAINES,

KENNETH A. MARDEN, PATTI L. STRAND,

DR. THOMAS M. DAVIES, WALTER F. GOODMAN,

DENNIS B. SPRUNG, DARRELL HAYES, DEFENDANTS-RESPONDENTS.


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 Chautauqua on October 5, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Ryan K. Cummings dated January 13, 2010, 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: January 25, 2010

Patricia L. Morgan, Clerk