| GARY S. ROLL AND CAROL J. ROLL V ASHLEIGH A. GAVITT |
| Motion No: CA 10-00099 |
| Slip Opinion No: 2010 NY Slip Op 65166(U) |
| Decided on March 1, 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 10-00099
| GARY S. ROLL AND CAROL J. ROLL, PLAINTIFFS-RESPONDENTS, V
ASHLEIGH A. GAVITT, DEFENDANT-APPELLANT. |
Respondents 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 Steuben on October 23, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jacob P. Welch sworn to January 12, 2010, the notice of motion with proof of service thereof, the opposing affidavit of David F. McCarthy sworn to February 16, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 31, 2010.
Entered: March 1, 2010
Patricia L. Morgan, Clerk