| JON DENNIS FERRIS, SR. AND SONJA FERRIS V BENBOW CHEMICAL PACKAGING, INC. |
| Motion No: CA 10-00109 |
| Slip Opinion No: 2010 NY Slip Op 62059(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. |
DOCKET NO. CA 10-00109
| JON DENNIS FERRIS, SR. AND SONJA FERRIS, PLAINTIFFS-RESPONDENTS,
V BENBOW CHEMICAL PACKAGING, INC., DEFENDANT-APPELLANT. |
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 Onondaga on September 17, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael S. Porter dated January 13, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Alan J. Pierce dated January 19, 2010,
It is further ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 25, 2010
Patricia L. Morgan, Clerk