| JAMES DISTEFANO AND ANNETTE DISTEFANO V NICHOLS, LONG & MOORE CONSTRUCTION, CORP |
| Motion No: CA 10-00676 |
| Slip Opinion No: 2010 NY Slip Op 69805(U) |
| Decided on April 16, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00676
| JAMES DISTEFANO AND ANNETTE DISTEFANO, PLAINTIFFS-APPELLANTS,
V NICHOLS, LONG & MOORE CONSTRUCTION, CORP, 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 18, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Stephen P. Brooks, Esq. dated March 17, 2010, the notice of motion with proof of service thereof, the affidavit of John A. Collins, Esq. sworn to March 31, 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 15, 2010.
Entered: April 16, 2010
Patricia L. Morgan, Clerk