SAMUEL MAURO AND JOAN MAURO INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF CAMERON MAURO, AN INFANT V WILLIAM R.
Motion No: CA 13-00596
Slip Opinion No: 2013 NY Slip Op 71802(U)
Decided on April 18, 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.


April 18, 2013

DOCKET NO. CA 13-00596

SAMUEL MAURO, PLAINTIFF-APPELLANT, AND JOAN MAURO,

PLAINTIFF, INDIVIDUALLY AND AS PARENTS AND NATURAL

GUARDIANS OF CAMERON MAURO, AN INFANT,

V

WILLIAM R. FOOS, GARY VOGT, AND PAULA VOGT,

DEFENDANTS-RESPONDENTS.


Respondent William R. Foos 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 October 3, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of George G. Mackey, Esq., dated April 2, 2013, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: April 18, 2013

Frances E. Cafarell, Clerk