| WILLIAM KUBIAK AND ELLEN KUBIAK V SEARS, ROEBUCK AND CO., INC., HUSQVARNA OUTDOOR PRODUCTS, INC., HUSQVARNA CONSUMER |
| Motion No: CA 11-00734 |
| Slip Opinion No: 2011 NY Slip Op 71098(U) |
| Decided on April 27, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00734
| WILLIAM KUBIAK AND ELLEN KUBIAK, PLAINTIFFS-APPELLANTS, V
SEARS, ROEBUCK AND CO., INC., HUSQVARNA OUTDOOR PRODUCTS, INC., HUSQVARNA CONSUMER OUTDOOR PRODUCTS N.A., INC., ELECTROLUX
HOME PRODUCTS, INC., DELTA SYSTEMS, INC., DEFENDANTS-RESPONDENTS. |
Respondents 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 Erie on December 1, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark Della Posta, Esq. sworn to April 6, 2011, the affirmation of Ericka N. Bennett, Esq. dated April 4, 2011, the notices of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq. dated April 22, 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 27, 2011.
Entered: April 27, 2011
Patricia L. Morgan, Clerk