| ERIC M. FISHER AND DENISE E. FISHER V NATHANIEL C. HILL AND MELINDA J. HILL |
| Motion No: CA 13-00161 |
| Slip Opinion No: 2013 NY Slip Op 66574(U) |
| Decided on March 5, 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 13-00161
| ERIC M. FISHER AND DENISE E. FISHER,
PLAINTIFFS-RESPONDENTS, V NATHANIEL C. HILL AND MELINDA J. HILL,
DEFENDANTS-APPELLANTS. |
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 Wyoming on October 5, 2012, on the ground that appellants failed to take timely the appeal,
Now, upon reading and filing the affirmations of Richard D. Grisanti, Esq., dated January 11, 2013, and January 24, 2013, the notice of motion with proof of service thereof, and the affirmation of Thomas P. Durkin, Esq., dated January 16, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 5, 2013
Frances E. Cafarell, Clerk