| MICHAEL BELLRENG AND FLORENCE BELLRENG V CANNON DESIGN, INC. |
| Motion No: CA 11-00124 |
| Slip Opinion No: 2011 NY Slip Op 63777(U) |
| Decided on February 4, 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 11-00124
| MICHAEL BELLRENG AND FLORENCE BELLRENG,
PLAINTIFFS-APPELLANTS, V CANNON DESIGN, INC., DEFENDANT-RESPONDENT. |
Respondent 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 Niagara on October 18, 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 January 18, 2011, the notice of motion with proof of service thereof, and the affidavit of Emily L. Downing, Esq. sworn to January 26, 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 5, 2011.
Entered: February 4, 2011
Patricia L. Morgan, Clerk