| TERRI BURNS AND WILLIAM BURNS V THE RAYMOND CORPORATION, HOOPER HANDLING, INC. AND ABC COMPANY, AN UNKNOWN PARTY |
| Motion No: CA 11-01289 |
| Slip Opinion No: 2011 NY Slip Op 78721(U) |
| Decided on July 18, 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 11-01289
| TERRI BURNS AND WILLIAM BURNS, PLAINTIFFS-RESPONDENTS,
V THE RAYMOND CORPORATION, HOOPER HANDLING, INC., DEFENDANTS-APPELLANTS, AND ABC COMPANY, AN UNKNOWN PARTY, ACTING AS A
RAYMOND DEALER, DEFENDANT. |
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 Ontario on March 22, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Hugh B. Leonard, Esq., sworn to June 22, 2011, the notice of motion with proof of service thereof, and the affirmation of John P. Freedenberg, Esq., dated June 30, 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 September 16, 2011.
Entered: July 18, 2011
Patricia L. Morgan, Clerk