| MARION ARMESTO AND PAUL ARMESTO V DAVID J. CARROLL HUNT REAL ESTATE CORPORATION AND MARK BRYLINSKI |
| Motion No: CA 10-02519 |
| Slip Opinion No: 2011 NY Slip Op 63019(U) |
| Decided on February 1, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02519
| MARION ARMESTO AND PAUL ARMESTO, PLAINTIFFS-RESPONDENTS, V
DAVID J. CARROLL, DEFENDANT, HUNT REAL ESTATE CORPORATION AND MARK BRYLINSKI,
DEFENDANTS-APPELLANTS. |
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 Erie on October 14, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq. sworn to December 27, 2010, the notice of motion with proof of service thereof, and the affirmation of Katy M. Hedges, Esq. dated January 6, 2011, 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 April 4, 2011.
Entered: February 1, 2011
Patricia L. Morgan, Clerk