| CHARLES R. KIRBY AND BRANDY L. KIRBY V SUBURBAN ELECTRICAL ENGINEERS CONTRACTORS, INC. MARQUIP WARD UNITED, LLC AND |
| Motion No: CA 10-01183 |
| Slip Opinion No: 2010 NY Slip Op 75874(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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01183
| CHARLES R. KIRBY AND BRANDY L. KIRBY, PLAINTIFFS-RESPONDENTS, V
SUBURBAN ELECTRICAL ENGINEERS CONTRACTORS, INC., DEFENDANT-APPELLANT, MARQUIP WARD UNITED, LLC AND MARQUIP WARD UNITED,
INC., DEFENDANTS. |
Respondents 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 Seneca on March 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony F. Endieveri, Esq. sworn to May 25, 2010, the notice of motion with proof of service thereof, the affirmation of Scott P. Rogoff, Esq. dated June 3, 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 August 27, 2010.
Entered: June 28, 2010
Patricia L. Morgan, Clerk