| SVETLANA BALUK AND MARK OSILOVSKIY V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 13-00639 |
| Slip Opinion No: 2013 NY Slip Op 75261(U) |
| Decided on May 24, 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 13-00639
| SVETLANA BALUK AND MARK OSILOVSKIY,
PLAINTIFFS-APPELLANTS, V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,
DEFENDANT-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 Oneida on December 24, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David J. Simoni, Esq., sworn to April 5, 2013, the notice of motion with proof of service thereof, and the affidavit of Michele E. DeTraglia, Esq., sworn to May 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before July 23, 2013.
Entered: May 24, 2013
Frances E. Cafarell, Clerk