| KENNETH D. FRIEND, JR. AND LISA FRIEND V REPUBLIC ENGINEERED PRODUCTS, INC. |
| Motion No: CA 13-01799 |
| Slip Opinion No: 2013 NY Slip Op 93036(U) |
| Decided on December 4, 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. |
DOCKET NO. CA 13-01799
| KENNETH D. FRIEND, JR. AND LISA FRIEND,
PLAINTIFFS-RESPONDENTS, V REPUBLIC ENGINEERED PRODUCTS, INC.,
DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 13, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Sean E. Cooney, Esq., dated October 3, 2013, and the affidavit of Sean E. Cooney, Esq., sworn to October 4, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: December 4, 2013
Frances E. Cafarell, Clerk