| CRYSTAL M. GONYOU AND SCOTT A. GONYOU V ROBERTA D. MCLAUGHLIN, JUSTIN M. SANMARTIN, AND ROBERT F. NOVAK |
| Motion No: CA 10-01700 |
| Slip Opinion No: 2010 NY Slip Op 83062(U) |
| Decided on September 17, 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 10-01700
| CRYSTAL M. GONYOU AND SCOTT A. GONYOU, PLAINTIFFS-APPELLANTS,
V ROBERTA D. MCLAUGHLIN, JUSTIN M. SANMARTIN, AND ROBERT F. NOVAK, DEFENDANTS-RESPONDENTS. |
Respondent Justin M. Sanmartin having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on April 30, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David F. McCarthy, Esq. sworn to August 5, 2010, the notice of motion with proof of service thereof, the affidavit of Ryan L. Abel, Esq. sworn to August 24, 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 November 16, 2010.
Entered: September 17, 2010
Patricia L. Morgan, Clerk