| MAHMOOD YOONESSI AND SHAMS YOONESSI V DEBRA L. GIVENS |
| Motion No: CA 10-00578 |
| Slip Opinion No: 2010 NY Slip Op 65914(U) |
| Decided on March 15, 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 10-00578
| MAHMOOD YOONESSI AND SHAMS YOONESSI, PLAINTIFFS-APPELLANTS,
V DEBRA L. GIVENS, DEFENDANT-RESPONDENT. |
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 Erie on November 19, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jennifer V. Schiffmacher dated February 24, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Gerald T. Walsh sworn to March 8, 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 14, 2010.
Entered: March 15, 2010
Patricia L. Morgan, Clerk