| JAMES COLLINS AND PATRICIA COLLINS V FOXBERRY COMMUNITIES ASSOCIATION, INC., - AND ADVANCED PROPERTY MAINTENANCE, INC. |
| Motion No: CA 10-01358 |
| Slip Opinion No: 2010 NY Slip Op 76428(U) |
| Decided on June 30, 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 10-01358
| JAMES COLLINS AND PATRICIA COLLINS, PLAINTIFFS, V FOXBERRY
COMMUNITIES ASSOCIATION, INC., DEFENDANT-APPELLANT AND ADVANCED PROPERTY MAINTENANCE, INC.,
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 March 10, 2010, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the same order,
Now, upon reading and filing the affidavit of Brian P. Fitzgerald, Esq. sworn to June 8, 2010, the affirmation of Scott R. Orndoff, Esq. dated June 23, 2010, the notices of motion and cross motion with proof of service thereof, 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 30, 2010.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: June 30, 2010
Patricia L. Morgan, Clerk