CHRISTOPHER J. CALABRESE, MARIA STELLA PLUTINO, JAMES CONWAY, PATRICIA A. CONWAY, CHRISTIAN A. ANDREACH, COURTNEY L.
Motion No: CA 10-01271
Slip Opinion No: 2010 NY Slip Op 75866(U)
Decided on June 28, 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.


June 28, 2010

DOCKET NO. CA 10-01271

CHRISTOPHER J. CALABRESE, MARIA STELLA PLUTINO,

JAMES CONWAY, PATRICIA A. CONWAY,

CHRISTIAN A. ANDREACH, COURTNEY L. ANDREACH,

JODI L. EASTON, JAMES A. WHELAN,

SALLY-ANN WHELAN, SUZANNE P. LEE,

JAMES POWELL AND SHEILA POWELL, PLAINTIFFS-APPELLANTS,

V

LELAND T. WILLIAMS AND TRACY A. POWELL,

DEFENDANTS-RESPONDENTS.


Respondents having 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 Monroe on February 25, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmations of Leland T. Williams, Esq. dated June 4, 2010 and June 7, 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: June 28, 2010

Patricia L. Morgan, Clerk