GAIL L. HARRIS V ROBERT SEAGER, JAMES BRIGANTI, AND MARIE BRIGANTI
Motion No: NOS. CA 11-01605 AND CA 11-01606
Slip Opinion No: 2011 NY Slip Op 81975(U)
Decided on August 24, 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.


August 24, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-01605 AND CA 11-01606

GAIL L. HARRIS, PLAINTIFF-APPELLANT,

V

ROBERT SEAGER, JAMES BRIGANTI,

AND MARIE BRIGANTI, DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 29, 2011 (CA 11-01605), and April 21, 2011 (CA 11-01606), on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Daniel J. Caffrey, Esq., dated July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Scott A. Stepien, Esq., dated August 12, 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 24, 2011.

Entered: August 24, 2011

Patricia L. Morgan, Clerk