| DEBORA KALBFLIESH AND KENNETH KALBFLIESH, JR. V ANDREA MCCANN, JOHN MCCANN JOSEPH A. MOSES, AND SMART RIDE LTD. |
| Motion No: CA 14-01218 |
| Slip Opinion No: 2014 NY Slip Op 79120(U) |
| Decided on July 29, 2014 |
| 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 14-01218
| DEBORA KALBFLIESH AND KENNETH KALBFLIESH, JR.,
PLAINTIFFS-RESPONDENTS, V ANDREA MCCANN, JOHN MCCANN, DEFENDANTS, JOSEPH A. MOSES, AND SMART RIDE LTD.,
DEFENDANTS-APPELLANTS. |
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 March 3, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of R. Colin Campbell, Esq., sworn to July 8, 2014, the notice of motion with proof of service thereof, and the affidavit of Gerard E. O'Connor, Esq., sworn to July 17, 2014, 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 September 29, 2014.
Entered: July 29, 2014
Frances E. Cafarell, Clerk