| JEROME BURGESS, II AND JUSTIN RELIFORD, INFANTS BY THE PARENT AND NATURAL GUARDIAN, SAMANTHA RELIFORD V MALCOLM MEYER |
| Motion No: CA 12-02384 |
| Slip Opinion No: 2013 NY Slip Op 62419(U) |
| Decided on January 23, 2013 |
| 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 12-02384
| JEROME BURGESS, II AND JUSTIN RELIFORD, INFANTS BY THE
PARENT AND NATURAL GUARDIAN, SAMANTHA RELIFORD, PLAINTIFF-APPELLANT, V MALCOLM MEYER AND PETER MONACELLI,
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 Monroe on October 23, 2012, on the ground that it was taken untimely,
Now, upon reading and filing the affirmation of Alan J. Bedenko, Esq., dated December 3, 2012, the notice of motion with proof of service thereof, and the affirmation of Kristi L. Fanelli, Esq., dated January 3, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 23, 2013
Frances E. Cafarell, Clerk