| SUSAN FERRARI ROWLEY, GREGORY STOKOE, AND WILLIAM MCGUIRE V TOWN OF WHEATLAND AND COUNTY OF MONROE |
| Motion No: CA 10-02143 |
| Slip Opinion No: 2010 NY Slip Op 88217(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: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02143
| SUSAN FERRARI ROWLEY, GREGORY STOKOE, AND WILLIAM MCGUIRE,
PLAINTIFFS-APPELLANTS, V TOWN OF WHEATLAND AND COUNTY OF MONROE,
DEFENDANTS-RESPONDENTS. |
Respondent Town of Wheatland having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 21, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Reuben Ortenberg, Esq. sworn to October 25, 2010, the notice of motion with proof of service thereof, and the statement of Mindy L. Zoghlin, Esq. dated November 4, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: November 17, 2010
Patricia L. Morgan, Clerk