| WILLIAM SMITH AND DIANE SMITH V CAROUSEL CENTER CO., LP |
| Motion No: CA 12-00400 |
| Slip Opinion No: 2012 NY Slip Op 67303(U) |
| Decided on March 13, 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 12-00400
| WILLIAM SMITH AND DIANE SMITH, PLAINTIFFS-RESPONDENTS,
V CAROUSEL CENTER CO., LP, DEFENDANT-APPELLANT. |
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 Onondaga on December 1, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Amy M. Vanderlyke, Esq., dated February 27, 2012, 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: March 13, 2012
Frances E. Cafarell, Clerk