| 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 78330(U) |
| Decided on June 20, 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. |
Appellants having moved to vacate the dismissal of the appeal and for leave to file a late notice of appeal 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 affirmation of Richard P. Amico, Esq., dated April 19, 2013, the notice of motion with proof of service thereof, and the affidavit of Andrew J. Ryan, Esq., sworn to May 3, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 20, 2013
Frances E. Cafarell, Clerk