| PHILIP ARNO AND MARY ARNO V MARIA CIMATO AND CIMATO BROS. CONSTRUCTION, INC. |
| Motion No: CA 11-00676 |
| Slip Opinion No: 2011 NY Slip Op 71056(U) |
| Decided on April 25, 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 11-00676
| PHILIP ARNO AND MARY ARNO, PLAINTIFFS-RESPONDENTS, V
MARIA CIMATO AND CIMATO BROS. CONSTRUCTION, INC., DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 24, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael Paskowitz, Esq. sworn to March 24, 2011, the notice of motion with proof of service thereof, and the affidavit of John C. Garas, Esq. sworn to April 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 June 24, 2011.
Entered: April 25, 2011
Patricia L. Morgan, Clerk