| ALICE W. MOFFA AND PETER E. MOFFA V CLAUDIA T. BRENNER |
| Motion No: CA 12-01712 |
| Slip Opinion No: 2012 NY Slip Op 85464(U) |
| Decided on September 25, 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 12-01712
| ALICE W. MOFFA AND PETER E. MOFFA,
PLAINTIFFS-APPELLANTS, V CLAUDIA T. BRENNER, 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 Onondaga on July 5, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle M. Davoli, Esq., sworn to September 11, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael J. Balestra, Esq., sworn to September 20, 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 October 24, 2012.
Entered: September 25, 2012
Frances E. Cafarell, Clerk