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 73179(U)
Decided on May 3, 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.


May 3, 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.


Respondents Gary Vogt and Paula Vogt 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 Victor M. Wright, Esq., dated April 12, 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: May 3, 2013

Frances E. Cafarell, Clerk