| MARY K. HIRSCH V S.L. BUDZISZEWSKI, KRISTEN BUDZISZEWSKI, SARA A. KUEHFUS, ROBERT J. KUEHFUS, MICHAEL S. MURPHY, JOSEPH |
| Motion No: CA 10-01678 |
| Slip Opinion No: 2010 NY Slip Op 87697(U) |
| Decided on November 8, 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 10-01678
| MARY K. HIRSCH, PLAINTIFF-RESPONDENT, V S.L. BUDZISZEWSKI,
KRISTEN BUDZISZEWSKI, SARA A. KUEHFUS, ROBERT J. KUEHFUS, MICHAEL S. MURPHY, JOSEPH P. MOSEY, DEFENDANTS-RESPONDENTS, CHARLES
E. LOCK AND KATELYN ROSSEAU, DEFENDANTS-APPELLANTS. |
Respondents Michael S. Murphy and Joseph P. Mosey having moved to dismiss the appeal taken herein by Mary K. Hirsch, from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2010, on the ground that appellant Mary K. Hirsch has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John E. Condren, Esq. sworn to July 29, 2010, the notice of motion with proof of service thereof, and the affirmation of Richard G. Collins, Esq. dated October 18, 2008 (sic), 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 January 7, 2011.
Entered: November 8, 2010
Patricia L. Morgan, Clerk