| NANCY VREELAND AND WILLAIM KARL, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF HALEY C. KARL, AN INFANT V R. |
| Motion No: CA 11-00165 |
| Slip Opinion No: 2011 NY Slip Op 63820(U) |
| Decided on February 8, 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 11-00165
| NANCY VREELAND AND WILLAIM KARL, INDIVIDUALLY AND AS PARENTS AND
NATURAL GUARDIANS OF HALEY C. KARL, AN INFANT, PLAINTIFFS-APPELLANTS, V R. DENNIS CASEY, ELIZABETH CASEY, LARRY N.
BUTTON, AND KATHRYN BUTTON, DEFENDANTS-RESPONDENTS. |
Respondents Larry N. Button and Kathryn Button 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 Cattaraugus on July 13, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Destin C. Santacrose, Esq. sworn to January 20, 2011, the notice of motion with proof of service thereof, and the affidavit of Ronald J. Wright, Esq. sworn to February 1, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: February 8, 2011
Patricia L. Morgan, Clerk