| NORMAN M. PERRY AND WANDA M. PERRY V JAMES EDWARDS AND DIANNE EDWARDS |
| Motion No: CA 12-02222 |
| Slip Opinion No: 2012 NY Slip Op 93595(U) |
| Decided on December 12, 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 12-02222
| NORMAN M. PERRY AND WANDA M. PERRY,
PLAINTIFFS-APPELLANTS, V JAMES EDWARDS AND DIANNE EDWARDS,
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 August 15, 2012, on the ground of failure to perfect timely the appeal,
Now, upon reading and filing the affirmations of Lawrence A. Schulz, Esq., dated November 28, 2012, and December 7, 2012, the notice of motion with proof of service thereof, and the affirmation of Booker T. Washington, Esq., dated December 3, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Norman M. Perry's appeal is dismissed without further order unless his appeal is perfected on or before February 11, 2013.
Entered: December 12, 2012
Frances E. Cafarell, Clerk