BRIAN W. HINT V ALFRED L. VAUGHN AND MELANIE P. HEMENWAY
Motion No: CA 12-00302
Slip Opinion No: 2012 NY Slip Op 66538(U)
Decided on March 2, 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.


March 2, 2012

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

DOCKET NO. CA 12-00302

BRIAN W. HINT, PLAINTIFF-RESPONDENT,

V

ALFRED L. VAUGHN AND MELANIE P. HEMENWAY,

DEFENDANTS-APPELLANTS.


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 Wyoming on October 26, 2011, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of April J. Orlowski, Esq., sworn to February 6, 2012, the notice of motion with proof of service thereof, and the affidavit of Norman E. S. Greene, Esq., sworn to February 9, 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 May 1, 2012.

Entered: March 2, 2012

Frances E. Cafarell, Clerk