| KENNETH POLK AND CARA POLK V JOSEPH GUGINO, SR., INDIVIDUALLY AND DOING BUSINESS AS J. GUGINO CONSTRUCTION, JOSEPH |
| Motion No: CA 12-00363 |
| Slip Opinion No: 2012 NY Slip Op 66578(U) |
| Decided on March 6, 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 12-00363
| KENNETH POLK AND CARA POLK, PLAINTIFFS-RESPONDENTS, V
JOSEPH GUGINO, SR., INDIVIDUALLY AND DOING BUSINESS AS J. GUGINO CONSTRUCTION, JOSEPH GUGINO, JR., INDIVIDUALLY AND DOING
BUSINESS AS J. GUGINO CONSTRUCTION, DEFENDANTS-APPELLANTS, M.J. PETERSON CORPORATION, HUNT REAL ESTATE CORPORATION,
RONALD L. STANTON, WILLIAM JOHNSON AND VIVIEN JOHNSON, DEFENDANTS. |
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 Erie on September 15, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Marilyn A. Hochfield, Esq., received February 21, 2012, the notice of motion with proof of service thereof, and the affirmation of Richard M. Scherer, Jr., Esq., dated February 17, 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 7, 2012.
Entered: March 6, 2012
Frances E. Cafarell, Clerk