| CHARLES R. KIRBY AND BRANDY L. KIRBY V SUBURBAN ELECTRICAL ENGINEERS CONTRACTORS, INC., MARQUIP WARD UNITED, LLC, AND |
| Motion No: CA 09-01753 |
| Slip Opinion No: 2010 NY Slip Op 69105(U) |
| Decided on April 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 09-01753
| CHARLES R. KIRBY AND BRANDY L. KIRBY, PLAINTIFFS-APPELLANTS,
V SUBURBAN ELECTRICAL ENGINEERS CONTRACTORS, INC., MARQUIP WARD UNITED, LLC, AND MARQUIP WARD UNITED, INC.,
DEFENDANTS-RESPONDENTS. |
Respondent Marquip Ward United, LLC and Marquip Ward United, Inc. having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 17, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Gary J. O'Donnell, Esq. sworn to March 11, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 15, 2010
Patricia L. Morgan, Clerk