| CLEVELAND L. THOMAS AND SHERRY D. THOMAS V JACOB K. HUH, USA TRUCK, INC., - CJ BRAUNSCHEIDEL AND SALLY A. COUGHLIN |
| Motion No: CA 13-01040 |
| Slip Opinion No: 2013 NY Slip Op 79288(U) |
| Decided on July 8, 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 13-01040
| CLEVELAND L. THOMAS AND SHERRY D. THOMAS,
PLAINTIFFS-RESPONDENTS, V JACOB K. HUH, USA TRUCK, INC., DEFENDANTS-APPELLANTS CJ BRAUNSCHEIDEL AND SALLY A.
COUGHLIN, DEFENDANTS. |
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 Erie on March 8, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jeanna M. Cellino, Esq., dated June 10, 2013, the notice of motion with proof of service thereof, and the affirmation of Donna L. Burden, Esq., dated June 18, 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 September 6, 2013.
Entered: July 8, 2013
Frances E. Cafarell, Clerk