| ROBERT EMMENS AND BONNIE EMMENS V FREY ELECTRIC COMPANY, INC. |
| Motion No: CA 13-01674 |
| Slip Opinion No: 2013 NY Slip Op 87108(U) |
| Decided on September 27, 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 13-01674
| ROBERT EMMENS AND BONNIE EMMENS,
PLAINTIFFS-RESPONDENTS, V FREY ELECTRIC COMPANY, INC., 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 Niagara on June 13, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Andrew D. Fanizzi, Esq., dated September 9, 2013, September 13, 2013, and September 19, 2013, the notice of motion with proof of service thereof, and the affidavit of Rafael O. Gomez, Esq., sworn to September 16, 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 November 26, 2013.
Entered: September 27, 2013
Frances E. Cafarell, Clerk