| BRIGID POMMERENCK, AS ADMINISTRATIX OF THE ESTATE OF ERIC POMMERENCK V GERALD R. NASON, SR. AND ROSEMARY NASON GERALD |
| Motion No: CA 10-01118 |
| Slip Opinion No: 2010 NY Slip Op 73903(U) |
| Decided on June 8, 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 10-01118
| BRIGID POMMERENCK, AS ADMINISTRATIX OF THE ESTATE OF ERIC
POMMERENCK, PLAINTIFF-RESPONDENT, V GERALD R. NASON, SR. AND ROSEMARY NASON, DEFENDANTS-APPELLANTS, GERALD R. NASON, JR. AND
NASON DELIVERY, INC., DEFENDANTS. |
Respondent having moved to dismiss the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 16, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Courtney G. Scime, Esq. sworn to May 18, 2010, the notice of motion with proof of service thereof, the affidavit of V. Christopher Potenza, Esq. sworn to May 27, 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 9, 2010.
Entered: June 8, 2010
Patricia L. Morgan, Clerk