| JEFFREY SMITH VERONICA SMITH, AND RONALD CLARK V TOWN OF EAGLE, TOWN OF CENTERVILLE, RANDY WILLIAMS, TOWN OF EAGLE |
| Motion No: CA 10-01702 |
| Slip Opinion No: 2010 NY Slip Op 83070(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 10-01702
| JEFFREY SMITH, VERONICA SMITH, AND RONALD CLARK,
PETITIONERS-RESPONDENTS, V TOWN OF EAGLE, TOWN OF CENTERVILLE, RANDY WILLIAMS, TOWN OF EAGLE HIGHWAY SUPERINTENDENT,
AND JAMES MAKOWSKI, TOWN OF CENTERVILLE HIGHWAY SUPERINTENDENT, RESPONDENTS-APPELLANTS. |
Petitioners having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 6, 2010, on the ground that appellants have failed to perfect timely their appeals,
Now, upon reading and filing the affirmations of David M. Roach, Esq. dated July 27, 2010, and August 18, 2010, the affidavit of Veronica Smith sworn to August 18, 2010, the affidavit of Jeffrey Smith sworn to August 18, 2010, the notice of motion with proof of service thereof, the affirmation of Daniel A. Spitzer, Esq. dated August 11, 2010, the affidavit of Eric T. Dadd, Esq. sworn to August 17, 2010, the affirmation of Charles W. Malcomb, Esq. dated August 31, 2010, all exhibits attached to the aforementioned affidavits and affirmations, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 12, 2010.
Entered: September 17, 2010
Patricia L. Morgan, Clerk