| TERRY JOHNSON, RICHARD JOHNSON, AND PITTSFORD VISION V OPTOMETRIX, INC. TERRY JOHNSON, RICHARD JOHNSON, AND PITTSFORD |
| Motion No: NOS. CA 10-02233, CA 10-02234, AND CA 10-02235 |
| Slip Opinion No: 2010 NY Slip Op 88214(U) |
| Decided on November 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 NOS. CA 10-02233, CA 10-02234, AND CA 10-02235
| TERRY JOHNSON, RICHARD JOHNSON, AND PITTSFORD VISION,
PLAINTIFFS-RESPONDENTS, V OPTOMETRIX, INC., DEFENDANT-APPELLANT. TERRY JOHNSON, RICHARD JOHNSON, AND PITTSFORD VISION,
PETITIONERS-RESPONDENTS, V MONROE COUNTY TREASURER AND MONROE COUNTY CLERK,
RESPONDENTS-RESPONDENTS. |
Plaintiffs/petitioners having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 3, 2010, and August 20, 2010, on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Richard Glen Curtis, Esq. dated November 5, 2010, the notice of motion with proof of service thereof, and the affidavit of Andrew J. Ryan, Esq. sworn to November 12, 2010, 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 January 17, 2011.
Entered: November 17, 2010
Patricia L. Morgan, Clerk