| NEAL TOOLEY AND KENDRA TOOLEY V FERN R. CORP |
| Motion No: CA 12-00635 |
| Slip Opinion No: 2012 NY Slip Op 72017(U) |
| Decided on May 1, 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 12-00635
| NEAL TOOLEY AND KENDRA TOOLEY, PLAINTIFFS-APPELLANTS,
V FERN R. CORP, DEFENDANT-RESPONDENT. |
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 Jefferson on January 17, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert J. Slye, Esq., dated April 4, 2012, the notice of motion with proof of service thereof, and the affidavit of Ralph G. DeMasi, Esq., sworn to April 11, 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 July 2, 2012.
Entered: May 1, 2012
Frances E. Cafarell, Clerk