FLORINE ZANE, LISA ZANE-MORREALE, SAVON KHIEMDAVANH AND SOUMBAY KHIEMDAVANH, MINORS, BY THEIR GUARDIANS FLORINE AND
Motion No: CA 10-00691
Slip Opinion No: 2010 NY Slip Op 68415(U)
Decided on April 13, 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.


April 13, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00691

FLORINE ZANE, LISA ZANE-MORREALE,

SAVON KHIEMDAVANH AND SOUMBAY KHIEMDAVANH, MINORS, BY THEIR

GUARDIANS FLORINE AND LISA ZANE-MORREALE,

PLAINTIFFS-APPELLANTS,

V

MARK S. CORBETT AND D.A. BRIGHAM-MANLEY,

DEFENDANTS-RESPONDENTS.


Respondent D.A. Brigham-Manleyhaving 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 Oneida on October 27, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Mark D. Goris, Esq. sworn to March 23, 2010, the notice of motion with proof of service thereof, the affirmation of A.J. Bosman, Esq. dated April 3, 2010, and due deliberation having been had thereon,

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 June 14, 2010.

Entered: April 13, 2010

Patricia L. Morgan, Clerk