| MARTIN SAMPLE AND MARY ANN SAMPLE V ELLEN YOKEL |
| Motion No: CA 11-01740 |
| Slip Opinion No: 2011 NY Slip Op 84398(U) |
| Decided on September 19, 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 11-01740
| MARTIN SAMPLE AND MARY ANN SAMPLE, PLAINTIFFS-APPELLANTS,
V ELLEN YOKEL, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 21, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Gary H. Abelson, Esq., received August 23, 2011, and August 26, 2011, the notice of motion with proof of service thereof, and the affirmation of Amy L. Reichhart, Esq., dated September 9, 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 18, 2011.
Entered: September 19, 2011
Patricia L. Morgan, Clerk