| CARL TROST AND JENNIFER TROST V ROCKINGHAM ESTATE LLC AND FORBES HOMES, INC. |
| Motion No: CA 13-01157 |
| Slip Opinion No: 2013 NY Slip Op 79982(U) |
| Decided on July 16, 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 13-01157
| CARL TROST AND JENNIFER TROST, PLAINTIFFS-RESPONDENTS,
V ROCKINGHAM ESTATE LLC AND FORBES HOMES, INC., DEFENDANTS-APPELLANTS. |
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 April 17, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to June 28, 2013, the notice of motion with proof of service thereof, and the affidavit of Kathleen T. Feroleto, Esq., sworn to July 2, 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 16, 2013.
Entered: July 16, 2013
Frances E. Cafarell, Clerk