| MICHAEL C. IANNONE AND BARBARA B. IANNONE V JOHN H. KENYON TRUCKING, INC. AND CHARLES K. OSTROWSKI AND COUNTY OF SENECA |
| Motion No: CA 13-00079 |
| Slip Opinion No: 2013 NY Slip Op 66520(U) |
| Decided on February 28, 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 13-00079
| MICHAEL C. IANNONE AND BARBARA B. IANNONE,
PLAINTIFFS-APPELLANTS, V JOHN H. KENYON TRUCKING, INC. AND CHARLES K. OSTROWSKI, DEFENDANTS, AND COUNTY OF
SENECA, RESPONDENT-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 Seneca on March 13, 2012,
Now, upon reading and filing the affidavit of Andrew J. Ryan, Esq., sworn to January 14, 2013, the notice of motion with proof of service thereof, and the affirmation of Richard P. Amico, Esq., dated January 25, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that appeal is deemed abandoned and dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]).
Entered: February 28, 2013
Frances E. Cafarell, Clerk