LESLIE LERMAN AND LOIS LERMAN V SUMMERHILL ESTATES, INC., MICHELE A. KEAGLE, ALLEN M. ROBINSON, MARLEEN L. ROBINSON
Motion No: CA 11-01902
Slip Opinion No: 2011 NY Slip Op 88088(U)
Decided on October 25, 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.


October 25, 2011

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

DOCKET NO. CA 11-01902

LESLIE LERMAN AND LOIS LERMAN,

PLAINTIFFS-APPELLANTS,

V

SUMMERHILL ESTATES, INC.,

MICHELE A. KEAGLE, ALLEN M. ROBINSON,

MARLEEN L. ROBINSON, ADAM C. ROBINSON,

DEFENDANTS,

AND CAYUGA COUNTY, DEFENDANT-RESPONDENT.


Respondent 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 Cayuga on July 1, 2011, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of J. Ryan Hatch, Esq., sworn to September 20, 2011, and the affirmation of J. Ryan Hatch, Esq., dated October 7, 2011, the notice of motion with proof of service thereof, the affirmation of Alan J. Pierce, Esq., dated October 7, 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 December 27, 2011.

Entered: October 25, 2011

Patricia L. Morgan, Clerk