| HARRY J. BEACH AND SANDRA L. BEACH V VILLAGE OF WOLCOTT VILLAGE OF WOLCOTT HIGHWAY DEPARTMENT AND EAST PORT BAY PARK |
| Motion No: CA 10-00267 |
| Slip Opinion No: 2010 NY Slip Op 65198(U) |
| Decided on March 8, 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 10-00267
| HARRY J. BEACH AND SANDRA L. BEACH, PLAINTIFFS-APPELLANTS, V
VILLAGE OF WOLCOTT, VILLAGE OF WOLCOTT HIGHWAY DEPARTMENT AND EAST PORT BAY PARK, INC.,
DEFENDANTS-RESPONDENTS. |
Respondents Village of Wolcott and Village of Wolcott Highway Department 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 Wayne on October 5, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William Savage dated January 29, 2010, the notice of motion with proof of service thereof, the opposing affirmation of P. Michael Shanley dated February 23, 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 May 7, 2010.
Entered: March 8, 2010
Patricia L. Morgan, Clerk