| JOANN HOELTKE AND DONALD HOELTKE V ALLCARE DENTAL AND DENTURES |
| Motion No: CA 12-00052 |
| Slip Opinion No: 2012 NY Slip Op 78437(U) |
| Decided on July 6, 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 12-00052
| JOANN HOELTKE AND DONALD HOELTKE, PLAINTIFFS-APPELLANTS,
V ALLCARE DENTAL AND DENTURES, 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 Monroe on November 26, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Stephen A. Manuele, Esq., sworn to June 13, 2012, and June 28, 2012, the notice of motion with proof of service thereof, the affirmations of Marino A. Fernandez, Esq., dated June 26, 2012, and June 28, 2012, and the affidavit of Donald Hoeltke sworn to June 26, 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 September 4, 2012.
Entered: July 6, 2012
Frances E. Cafarell, Clerk