| ROBIN CUSTODI AND JOHN CUSTODI V TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT, PETER MUFFOLETTO AND SUSAN |
| Motion No: CA 10-01081 |
| Slip Opinion No: 2010 NY Slip Op 73855(U) |
| Decided on June 2, 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 10-01081
| ROBIN CUSTODI AND JOHN CUSTODI, PETITIONERS-APPELLANTS, V
TOWN OF AMHERST, TOWN OF AMHERST HIGHWAY DEPARTMENT, PETER MUFFOLETTO AND SUSAN MUFFOLETTO,
DEFENDANTS-RESPONDENTS. |
Respondents Peter Muffoletto and Susan Muffoletto 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 February 24, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Melissa A. Day, Esq. dated May 11, 2010, the notice of motion with proof of service thereof, the affirmation of Andrew D. Fanizzi, Esq. dated May 12, 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 August 2, 2010.
Entered: June 2, 2010
Patricia L. Morgan, Clerk