| JOHN SIMONIAN, AS ADMINISTRATOR OF THE ESTATE OF ROSANNE M. BURGIO, DECEASED, ASHLEY C. BURGIO, JILLIAN M. BURGIO V |
| Motion No: CA 10-01495 |
| Slip Opinion No: 2010 NY Slip Op 77538(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. |
DOCKET NO. CA 10-01495
| JOHN SIMONIAN, AS ADMINISTRATOR OF THE ESTATE OF ROSANNE M. BURGIO,
DECEASED, ASHLEY C. BURGIO, JILLIAN M. BURGIO, PLAINTIFFS-APPELLANTS, V LEROY HOLDING CO., INC., CASA IMPORTS, INC., JAMES V.
NESSIA, CITY OF LOCKPORT, ROGER F. LAROACH, ROBERT BURGIO, AS ADMINISTRATOR OF THE ESTATE OF RANDALL P. BURGIO, DECEASED,
TOYOTA MOTOR CREDIT CORPORATION, JOHN DOE, COMPANY I, DEFENDANTS-RESPONDENTS. |
Respondent Toyota Motor Credit Corporation 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 Niagara on March 8, 2010, on the ground that appellant John Simonian, as Administrator of the Estate of Rosanne M. Burgio, Deceased, has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Stephanie Kudrle, Esq. dated June 28, 2010 and July 1, 2010, and 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: July 19, 2010
Patricia L. Morgan, Clerk