HENRY FARYNA AND PATRICIA FARYNA V DOUGLAS ROBBINS AND JOHN DOE
Motion No: CA 11-02097
Slip Opinion No: 2011 NY Slip Op 88657(U)
Decided on November 2, 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.


November 2, 2011

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

DOCKET NO. CA 11-02097

HENRY FARYNA AND PATRICIA FARYNA,

PLAINTIFFS-APPELLANTS,

V

DOUGLAS ROBBINS AND JOHN DOE,

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 Steuben on July 6, 2011, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Ransom P. Reynolds, Jr., Esq., sworn to October 18, 2011, the notice of motion with proof of service thereof, and the statement of David G. Wallace, Esq., dated October 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: November 2, 2011

Patricia L. Morgan, Clerk