| RONALD J. SCOTT AND SANDRA M. SCOTT V DANIEL MURCH AND DIIONE K. FOX-MURCH |
| Motion No: CA 11-01622 |
| Slip Opinion No: 2011 NY Slip Op 83596(U) |
| Decided on September 15, 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 11-01622
| RONALD J. SCOTT AND SANDRA M. SCOTT, PLAINTIFFS-APPELLANTS,
V DANIEL MURCH AND DIIONE K. FOX-MURCH, 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 Yates on April 25, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Alison M. K. Lee, Esq., sworn to August 5, 2011, and August 16, 2011, the notice of motion with proof of service thereof, and the affidavit of Jesse Baldwin, Esq., sworn to August 16, 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 November 14, 2011.
Entered: September 15, 2011
Patricia L. Morgan, Clerk