| KEVIN CLAPP AND ROSEANN CLAPP V DOMINIQUE MORRIS GOODYEAR DUNLOP TIRES NORTH AMERICA LTD., AND U.S. SECURITY |
| Motion No: CA 12-01102 |
| Slip Opinion No: 2012 NY Slip Op 77535(U) |
| Decided on June 26, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-01102
| KEVIN CLAPP AND ROSEANN CLAPP, PLAINTIFFS-APPELLANTS, V
DOMINIQUE MORRIS, DEFENDANT, GOODYEAR DUNLOP TIRES NORTH AMERICA LTD., AND U.S. SECURITY ASSOCIATES, INC.,
DEFENDANTS-RESPONDENTS. |
Defendant U.S. Security Associates, Inc., having moved to dismiss plaintiffs' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 30, 2011, on the ground that plaintiffs have failed to perfect timely their appeal,
Now, upon reading and filing the affirmation of Robert E. Scott, Esq., dated June 4, 2012, the notices of motion with proof of service thereof, the affidavit of John A. Collins, Esq., sworn to June 15, 2012, and the affidavit of Marc W. Brown, Esq., sworn to June 18, 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 August 27, 2012.
Entered: June 26, 2012
Frances E. Cafarell, Clerk