JOANN KRIEGER AND HERBERT KRIEGER V VICKY COGAR AND JEFF COGAR
Motion No: CA 10-02006
Slip Opinion No: 2010 NY Slip Op 86963(U)
Decided on November 1, 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.


November 1, 2010

DOCKET NO. CA 10-02006

JOANN KRIEGER AND HERBERT KRIEGER,

PLAINTIFFS-APPELLANTS,

V

VICKY COGAR AND JEFF COGAR, DEFENDANTS-RESPONDENTS.


Respondents 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 Niagara on March 17, 2010, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Amanda L. Machacek, Esq. dated September 23, 2010, the affidavit of Amanda L. Machacek, Esq. sworn to September 29, 2010, the notice of motion with proof of service thereof, the affidavit of Stephen Boyd, Esq. dated October 4, 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 November 23, 2010.

Entered: November 1, 2010

Patricia L. Morgan, Clerk