| BURKE, ALBRIGHT, HARTER & RZEPKA, LLP, AND BURKE, ALBRIGHT, HARTER & REDDY, LLP V ROBERT H. SILLS AND AUDREY ELAINE |
| Motion No: CA 10-01419 |
| Slip Opinion No: 2010 NY Slip Op 77522(U) |
| Decided on July 19, 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 10-01419
| BURKE, ALBRIGHT, HARTER & RZEPKA, LLP, AND BURKE, ALBRIGHT, HARTER &
REDDY, LLP, PLAINTIFFS-APPELLANTS, V ROBERT H. SILLS AND AUDREY ELAINE SILLS, AS CO-EXECUTORS OF THE ESTATE OF ANGELINE V.
SILLS, DECEASED, DEFENDANTS-RESPONDENTS. |
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 Monroe on April 12, 2010, on the ground that appellants have failed to perfect timely the appeal, and
Appellants having cross-moved to extend their time to perfect the appeal from the same order,
Now, upon reading and filing the affirmation of Mitchell T. Williams, Esq. dated June 29, 2010, affidavit of Jennifer L. Nuhfer, Esq. sworn to July 12, 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 September 17, 2010.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 19, 2010
Patricia L. Morgan, Clerk