| KIM M. KLIPFEL AND KEVIN G. KLIPFEL V KENNETH E. BURTON, DACIA N. PATRICK DONETTE L. CZYRNY AND JOSEPH C. CZYRNY |
| Motion No: CA 12-01131 |
| Slip Opinion No: 2012 NY Slip Op 78440(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 12-01131
| KIM M. KLIPFEL AND KEVIN G. KLIPFEL, PLAINTIFFS, V KENNETH
E. BURTON, DACIA N. PATRICK, DEFENDANTS-APPELLANTS, DONETTE L. CZYRNY AND JOSEPH C. CZYRNY,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on February 17, 2012, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of William Boltrek, III, Esq., dated June 18, 2012, the affirmation of Daniel R. Archilla, Esq., dated June 25, 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 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 4, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 6, 2012
Frances E. Cafarell, Clerk