| CHESTER DANNER AND RITA DANNER V MYRON KOWAL, MYRON KOWAL DOING BUSINESS AS MYRON'S EXPRESSIONS IN CUISINE, AND DOING |
| Motion No: CA 12-01202 |
| Slip Opinion No: 2012 NY Slip Op 79887(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01202
| CHESTER DANNER AND RITA DANNER, PLAINTIFFS-APPELLANTS,
V MYRON KOWAL, MYRON KOWAL DOING BUSINESS AS MYRON'S EXPRESSIONS IN CUISINE, AND DOING BUSINESS AS MYRON'S EXPRESSIONS,
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 Erie on March 16, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated June 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Robert H. Perk, Esq., sworn to July 5, 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 18, 2012.
Entered: July 20, 2012
Frances E. Cafarell, Clerk