| ERNEST P. THOMPSON AND WENDY J. THOMPSON V TINA M. NAISH ALSO KNOWN AS TINA M. GENATT, - . |
| Motion No: CA 11-01570 |
| Slip Opinion No: 2011 NY Slip Op 81350(U) |
| Decided on August 16, 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 11-01570
| ERNEST P. THOMPSON AND WENDY J. THOMPSON,
PLAINTIFFS-RESPONDENTS, V TINA M. NAISH ALSO KNOWN AS TINA M. GENATT, DEFENDANT-APPELLANT, ET AL.,
DEFENDANTS. |
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 Chautauqua on April 7, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit and admission of service of Richard F. Whipple, Jr., Esq., sworn to July 22, 2011, and July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Todd M. Thomas, Esq., dated August 11, 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 October 17, 2011.
Entered: August 16, 2011
Patricia L. Morgan, Clerk