| ROSEMARY A. GOLOVIN AND JOHN GOLOVIN V NORMAN G. HALE AND KEVIN G. HALE |
| Motion No: CA 11-01438 |
| Slip Opinion No: 2011 NY Slip Op 79758(U) |
| Decided on July 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 11-01438
| ROSEMARY A. GOLOVIN AND JOHN GOLOVIN,
PLAINTIFFS-RESPONDENTS, V NORMAN G. HALE AND KEVIN G. HALE, DEFENDANTS-APPELLANTS. |
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 January 5, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated July 8, 2011, the notice of motion with proof of service thereof, and the affirmation of Victor M. Wright, Esq., dated July 21, 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 28, 2011
Patricia L. Morgan, Clerk