| DENNIS H. KINDRED, CHRISTINE C. DELIBERT, ELIZABETH M. ALISANKUS, JANET R. CONNOR, J. GRANT ESLER, MICHAEL J. CAREY |
| Motion No: CA 13-01718 |
| Slip Opinion No: 2013 NY Slip Op 89244(U) |
| Decided on October 23, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-01718
| DENNIS H. KINDRED, CHRISTINE C. DELIBERT, ELIZABETH M.
ALISANKUS, JANET R. CONNOR, J. GRANT ESLER, MICHAEL J. CAREY, AND KARIN STROH, PLAINTIFFS-APPELLANTS, V
MONROE COUNTY AND MONROE COUNTY FAIR AND RECREATION ASSOCIATION, INC.,
DEFENDANTS-RESPONDENTS. |
Respondent Monroe County having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2013, on the ground that appellants failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal taken from the order entered July 10, 2013,
Now, upon reading and filing the affirmations of Mallorie C. Rulison, Esq., dated September 24, 2013, and October 11, 2013, the affirmation of Mindy L. Zoghlin, Esq., dated October 3, 2013, the notices of motion and cross motion with proof of service thereof, and the affirmations of Megan K. Dorritie, Esq., dated September 25, 2013, and October 11, 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 December 23, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 23, 2013
Frances E. Cafarell, Clerk