| PATRICIA J. SCHROECK AND GARY SCHROECK V DARRYL C. GIES AND DAWN M. GIES |
| Motion No: CA 12-01793 |
| Slip Opinion No: 2012 NY Slip Op 88826(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 12-01793
| PATRICIA J. SCHROECK AND GARY SCHROECK,
PLAINTIFFS-APPELLANTS, V DARRYL C. GIES AND DAWN M. GIES,
DEFENDANTS-RESPONDENTS. |
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 May 31, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jennifer V. Schiffmacher, Esq., dated September 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Duane D. Schoonmaker, Esq., dated October 3, 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 16, 2012.
Entered: October 25, 2012
Frances E. Cafarell, Clerk