| DONALD C. WELLS, AND DONNA A. WELLS V GEORGE G. NILSON, - . |
| Motion No: CA 10-00574 |
| Slip Opinion No: 2010 NY Slip Op 66689(U) |
| Decided on March 22, 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 10-00574
| DONALD C. WELLS, AND DONNA A. WELLS, PLAINTIFFS-APPELLANTS, V
GEORGE G. NILSON, DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
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 9, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Daniel J. Caffrey dated February 19, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Edward C. Cosgrove sworn to March 18, 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 21, 2010.
Entered: March 22, 2010
Patricia L. Morgan, Clerk