JOHN BAIR AND AMY BAIR V SALLY R. KELLOGG DOING BUSINESS AS KELLOGG INTERIOR DESIGN SALLY R. KELLOGG
Motion No: CA 12-01144
Slip Opinion No: 2012 NY Slip Op 79886(U)
Decided on July 20, 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.


July 20, 2012

DOCKET NO. CA 12-01144

JOHN BAIR AND AMY BAIR, PLAINTIFFS-RESPONDENTS,

V

SALLY R. KELLOGG DOING BUSINESS AS KELLOGG INTERIOR

DESIGN SALLY R. KELLOGG, DEFENDANT-APPELLANT.


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 Erie on March 29, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Thomas J. Gaffney, Esq., dated June 19, 2012, and the notice of 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 costs.

Entered: July 20, 2012

Frances E. Cafarell, Clerk