PATRICIA TERRIGINO AND MICHAEL TERRIGINO V VILLAGE OF BROCKPORT
Motion No: CA 11-00239
Slip Opinion No: 2011 NY Slip Op 66509(U)
Decided on March 10, 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.


March 10, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00239

PATRICIA TERRIGINO AND MICHAEL TERRIGINO,

PLAINTIFFS-APPELLANTS,

V

VILLAGE OF BROCKPORT, 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 Monroe on October 22, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Timothy P. Welch, Esq. dated January 27, 2011, the notice of motion with proof of service thereof, and the affirmation of E. Michael Cook, Esq. dated February 8, 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 May 9, 2011.

Entered: March 10, 2011

Patricia L. Morgan, Clerk