| KAREN MCGRATH AND STEVEN K. FOLEY V TOWN OF IRONDEQUOIT |
| Motion No: CA 13-01413 |
| Slip Opinion No: 2013 NY Slip Op 85749(U) |
| Decided on September 17, 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 13-01413
| KAREN MCGRATH AND STEVEN K. FOLEY,
PLAINTIFFS-RESPONDENTS, V TOWN OF IRONDEQUOIT, DEFENDANT-APPELLANT. |
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 Monroe on April 8, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered April 8, 2013,
Now, upon reading and filing the affirmation of John P. Lomenzo, Jr., Esq., dated August 12, 2013, the affidavit of Gerard E. O'Connor, Esq., sworn to August 21, 2013, and the notices of motion and cross-motion with proof of service thereof, 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 November 18, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: September 17, 2013
Frances E. Cafarell, Clerk