| JEFFREY KOCH AND ELIZABETH KOCH, INDIVIDUALLY AND AS HUSBAND AND WIFE V DRAYER MARINE CORPORATION AND ASHVILLE BAY |
| Motion No: CA 13-00627 |
| Slip Opinion No: 2013 NY Slip Op 82956(U) |
| Decided on August 21, 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 13-00627
| JEFFREY KOCH AND ELIZABETH KOCH, INDIVIDUALLY AND AS
HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V DRAYER MARINE CORPORATION AND ASHVILLE BAY MARINA,
DEFENDANTS-RESPONDENTS. |
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 July 19, 2012, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Leo T. Fabrizi, Esq., dated July 19, 2013, the notice of motion with proof of service thereof, and the affirmation of Andrew J. Connelly, Esq., dated July 26, 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 October 21, 2013.
Entered: August 21, 2013
Frances E. Cafarell, Clerk