| RACHEL R. KITCHEN AND JEREMY F. KITCHEN V KATHERINE L. GREGG AND CARRIER COACH, INC. |
| Motion No: CA 12-00191 |
| Slip Opinion No: 2012 NY Slip Op 63691(U) |
| Decided on February 8, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00191
| RACHEL R. KITCHEN AND JEREMY F. KITCHEN, PLAINTIFFS-APPELLANTS,
V KATHERINE L. GREGG AND CARRIER COACH, 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 Cattaraugus on October 13, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Albert J. D'Aquino, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, and the affidavit of Ronald J. Wright, Esq., sworn to February 3, 2012, 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 April 9, 2012.
Entered: February 8, 2012
Frances E. Cafarell, Clerk