| MELODY BARROWS AND TIMOTHY BARROWS V PETER CATALANO AND ALEXANDER & CATALANO, LLC |
| Motion No: CA 12-00849 |
| Slip Opinion No: 2012 NY Slip Op 74721(U) |
| Decided on May 25, 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 12-00849
| MELODY BARROWS AND TIMOTHY BARROWS, PLAINTIFFS-APPELLANTS,
V PETER CATALANO AND ALEXANDER & CATALANO, LLC, DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 27, 2012, and respondents having cross-moved to dismiss the appeal on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Michelle Ellsworth Rudderow, Esq., sworn to April 30, 2012, and May 9, 2012, the affidavit of Michelle M. Davoli, Esq., dated May 7, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the cross motion to dismiss the appeal for failure to perfect timely the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before July 24, 2012.
Entered: May 25, 2012
Frances E. Cafarell, Clerk