DONNA TERWILLIGER V CHRISTINA L. KNICKERBOCKER AND DEBRA M. KNICKERBOCKER
Motion No: CA 10-01199
Slip Opinion No: 2010 NY Slip Op 76435(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.


June 30, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01199

DONNA TERWILLIGER, PLAINTIFF-RESPONDENT,

V

CHRISTINA L. KNICKERBOCKER AND DEBRA M. KNICKERBOCKER,

DEFENDANTS-APPELLANTS.


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 Steuben on November 10, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jacob P. Welch, Esq. sworn to May 25, 2010, the notice of motion with proof of service thereof, the affidavit of David F. McCarthy, Esq. sworn to June 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed because appellants have perfected their appeal.

Entered: June 30, 2010

Patricia L. Morgan, Clerk