| FRANK FERGUSON AND EVA FERGUSON V HANSON AGGREGATES NEW YORK, INC. |
| Motion No: CA 12-00596 |
| Slip Opinion No: 2012 NY Slip Op 70661(U) |
| Decided on April 18, 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 12-00596
| FRANK FERGUSON AND EVA
FERGUSON, PLAINTIFFS-APPELLANTS, V HANSON AGGREGATES NEW YORK,
INC., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 19, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin M. Hayden, Esq., sworn to March 28, 2012, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq., dated March 30, 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 June 18, 2012.
Entered: April 18, 2012
FRANCES E. CAFARELL, Clerk