| THERESA ROACH V JOSEPH V. MARRA AND SUSAN E. MARRA |
| Motion No: CA 10-01909 |
| Slip Opinion No: 2010 NY Slip Op 86954(U) |
| Decided on October 29, 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 10-01909
| THERESA ROACH, PLAINTIFF-RESPONDENT, V JOSEPH V. MARRA AND
SUSAN E. MARRA, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 22, 2010, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John F. Donohue, Esq. sworn to September 14, 2010, the notice of motion with proof of service thereof, the affirmation of Leo T. Fabrizi, Esq. dated September 22, 2010,
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 December 28, 2010.
Entered: October 29, 2010
Patricia L. Morgan, Clerk