| KAREN L. OLSON AND RUBIN OLSON V HORSEMAN'S PRIDE, INC. AND DEVLINS FARM SUPPLY, INC. HORSEMAN'S PRIDE, INC., / - V |
| Motion No: CA 11-02574 |
| Slip Opinion No: 2012 NY Slip Op 60921(U) |
| Decided on January 5, 2012 |
| 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. |
DOCKET NO. CA 11-02574
| KAREN L. OLSON AND RUBIN OLSON, PLAINTIFFS-RESPONDENTS, V
HORSEMAN'S PRIDE, INC., DEFENDANT-APPELLANT, AND DEVLINS FARM SUPPLY, INC., DEFENDANT-RESPONDENT. HORSEMAN'S PRIDE, INC.,
DEFENDANT/THIRD-PARTY PLAINTIFF-APPELLANT, V TRILOGY PLASTICS, INC., THIRD-PARTY
DEFENDANT-RESPONDENT. |
Defendant-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 Chautauqua on June 16, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Michael F. Perley, Esq., sworn to December 8, 2011, and December 21, 2011, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 5, 2012
Frances E. Cafarell, Clerk