| JASON PHILLIPS AND MARY BETH PHILLIPS V HENRY B'S INC., HENRY B. TURRI, INC., STEPHEN W. TURRI, INDIVIDUALLY AND AS |
| Motion No: CA 10-02135 |
| Slip Opinion No: 2010 NY Slip Op 88172(U) |
| Decided on November 12, 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 10-02135
| JASON PHILLIPS AND MARY BETH PHILLIPS, PLAINTIFFS-RESPONDENTS,
V HENRY B'S INC., HENRY B. TURRI, INC., STEPHEN W. TURRI, INDIVIDUALLY AND AS OWNER OF HENRY B'S, INC., AND HENRY B. TURRI, INC.,
DEFENDANTS, AND JON W. BUCHWALD, INDIVIDUALLY AND AS OWNER OF PROPERTY AT 86 FALL STREET,
DEFENDANT-APPELLANT. |
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 Seneca on July 27, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle Ellsworth Rudderow, Esq. sworn to October 19, 2010, the notice of motion with proof of service thereof, and the affidavit of Nicole Marlow-Jones, Esq. sworn to October 29, 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 January 11, 2011.
Entered: November 12, 2010
Patricia L. Morgan, Clerk