| REGINA R. SPARKS AND EMANUEL SPARKS V GENEVIEVE MILLENDER, WHITNEY M. HARRIS, AND HOLLISE S. HENNING |
| Motion No: CA 11-00381 |
| Slip Opinion No: 2011 NY Slip Op 68509(U) |
| Decided on March 28, 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 11-00381
| REGINA R. SPARKS AND EMANUEL SPARKS, PLAINTIFFS-APPELLANTS, V
GENEVIEVE MILLENDER, WHITNEY M. HARRIS, AND HOLLISE S. HENNING, DEFENDANTS-RESPONDENTS. |
Respondent Hollise S. Henning having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 22, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Daniel J. Caffrey, Esq. dated February 23, 2011, the notice of motion with proof of service thereof, and the affirmation of John C. Murrett, Jr., Esq. dated March 9, 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 27, 2011.
Entered: March 28, 2011
Patricia L. Morgan, Clerk