| CHRISTOPHER CARRASQUILLO AND JULIA C. CARRASQUILLO V SEB DEVELOPMENT, LLC |
| Motion No: CA 11-01419 |
| Slip Opinion No: 2011 NY Slip Op 79304(U) |
| Decided on July 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01419
| CHRISTOPHER CARRASQUILLO AND JULIA C. CARRASQUILLO,
PLAINTIFFS-APPELLANTS, V SEB DEVELOPMENT, LLC, 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 Erie on April 4, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of A. Nicholas Falkides, Esq., dated July 8, 2011, the notice of motion with proof of service thereof, and the affidavit of Stephen M. Hughes, Esq., sworn to July 15, 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 26, 2011.
Entered: July 27, 2011
Patricia L. Morgan, Clerk