| JAMES J. FORTI AND LINDA A. FORTI V PORTVILLE FOREST PRODUCTS, INC. |
| Motion No: CA 10-01712 |
| Slip Opinion No: 2010 NY Slip Op 80686(U) |
| Decided on August 24, 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 10-01712
| JAMES J. FORTI AND LINDA A. FORTI, PLAINTIFFS-RESPONDENTS, V
PORTVILLE FOREST PRODUCTS, INC., DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on February 19, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas F. Brinkworth, Esq. sworn to August 10, 2010, the notice of motion with proof of service thereof, the affirmation of
G. Michael Miller, Esq. dated August 17, 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 October 25, 2010.
Entered: August 24, 2010
Patricia L. Morgan, Clerk