| PAUL PASIECZNIK AND NANCY PASIECZNIK V PHOENIX FRONTIER, INC. AND JACK MANGANELLO |
| Motion No: CA 12-01633 |
| Slip Opinion No: 2012 NY Slip Op 88825(U) |
| Decided on October 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 12-01633
| PAUL PASIECZNIK AND NANCY PASIECZNIK,
PLAINTIFFS-APPELLANTS, V PHOENIX FRONTIER, INC. AND JACK MANGANELLO,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on May 2, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kathleen M. Reilly, Esq., sworn to August 29, 2012, the notice of motion with proof of service thereof, and the affirmation of Jason H. Sterne, Esq., dated September 29, 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 December 26, 2012.
Entered: October 25, 2012
Frances E. Cafarell, Clerk