| SUSAN BAGNATO AND MICHAEL J. BAGNATO V THE HOME DEPOT, INC., THE HOME DEPOT, USA, INC., AND FOAMEX INTERNATIONAL, INC. |
| Motion No: CA 11-01467 |
| Slip Opinion No: 2011 NY Slip Op 81960(U) |
| Decided on August 23, 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. |
DOCKET NO. CA 11-01467
| SUSAN BAGNATO AND MICHAEL J. BAGNATO, PLAINTIFFS-APPELLANTS,
V THE HOME DEPOT, INC., THE HOME DEPOT, USA, INC., AND FOAMEX INTERNATIONAL, 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 April 13, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Heather K. Zimmerman, Esq., dated July 12, 2011, the affidavit of John P. Freedenberg, Esq., sworn to July 14, 2011, and the notices of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 23, 2011
Patricia L. Morgan, Clerk