| EDWARD C. CHESEBORO AND JESSICA B. CHESEBORO V TOMRA NY RECYCLING, LLC, AND RITE AID OF NEW YORK, INC. |
| Motion No: CA 11-02056 |
| Slip Opinion No: 2011 NY Slip Op 89127(U) |
| Decided on November 9, 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 11-02056
| EDWARD C. CHESEBORO AND JESSICA B. CHESEBORO,
PLAINTIFFS-APPELLANTS, V TOMRA NY RECYCLING, LLC, AND RITE AID OF NEW YORK, INC.,
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 Oswego on May 10, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher E. Wilkins, Esq., sworn to October 6, 2011, the affidavit of Allyson Avila, Esq., sworn to October 12, 2011, the notices of motion and cross motion with proof of service thereof, and the statement of P. Michael Shanley, Esq., dated November 4, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted, and the appeal is dismissed without costs.
Entered: November 9, 2011
Patricia L. Morgan, Clerk