| DAMON NICHOLSON AND SUZANNE NICHOLSON, INDIVIDUALLY AND AS PARENTS OF ERIKA NICHOLSON, TYLER NICHOLSON, TIMOTHY |
| Motion No: CA 10-00093 |
| Slip Opinion No: 2010 NY Slip Op 62071(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 10-00093
| DAMON NICHOLSON AND SUZANNE NICHOLSON, INDIVIDUALLY AND AS
PARENTS OF ERIKA NICHOLSON, TYLER NICHOLSON, TIMOTHY NICHOLSON, PLAINTIFFS-APPELLANTS, V A. ANASTASIO & SONS TRUCKING CO., INC.
AND JERRY SLYSTER, DEFENDANTS-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on October 2, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Matthew J. Larkin dated January 6, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Roulan sworn to January 19, 2010,
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 March 26, 2010.
Entered: January 25, 2010
Patricia L. Morgan, Clerk