| YVONNE M. FREDETTE AND JERRY FREDETTE V CAYUGA FINEST MARKET, INC. DOING BUSINESS AS MIRABITO'S MID-STATE MARKET |
| Motion No: CA 12-01305 |
| Slip Opinion No: 2012 NY Slip Op 80521(U) |
| Decided on August 2, 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. |
DOCKET NO. CA 12-01305
| YVONNE M. FREDETTE AND JERRY FREDETTE, PLAINTIFFS-APPELLANTS,
V CAYUGA FINEST MARKET, INC. DOING BUSINESS AS MIRABITO'S MID-STATE MARKET,
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 Oswego on March 9, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christina F. DeJoseph, Esq., sworn to July 17, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 2, 2012
Frances E. Cafarell, Clerk