| CAROL FOTI V ROBERT V. NOFTSIER, JR., ALICE NOFTSIER, BRUCE TABOLT, JAMES TABOLT, MICHAEL A. TABOLT AND CHRISTINE A. |
| Motion No: CA 12-00738 |
| Slip Opinion No: 2012 NY Slip Op 74073(U) |
| Decided on May 10, 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 12-00738
| CAROL FOTI, PLAINTIFF-RESPONDENT, V ROBERT V. NOFTSIER, JR., ALICE
NOFTSIER, BRUCE TABOLT, JAMES TABOLT, MICHAEL A. TABOLT AND CHRISTINE A. TABOLT,
DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on September 29, 2011, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Stephen W. Gebo, Esq., sworn to April 17, 2012, the notice of motion with proof of service thereof, and the stipulation of Andrew N. Capone, Esq., and Stephen W. Gebo, Esq., dated May 3, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal of appellants Robert V. Noftsier, Jr. and Alice Noftsier is granted, and their appeal is dismissed without further order unless their appeal is perfected on or before June 4, 2012, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal of appellants Bruce Tabolt, James Tabolt, Michael A. Tabolt, and Christine A. Tabolt is granted, and their appeal is dismissed without costs.
Entered: May 10, 2012
Frances E. Cafarell, Clerk