CHRISTOPHER CANESTARO AND SUSAN YENSAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V RAYMOUR AND
Motion No: CA 14-01396
Slip Opinion No: 2014 NY Slip Op 81157(U)
Decided on August 20, 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.


August 20, 2014

DOCKET NO. CA 14-01396

CHRISTOPHER CANESTARO AND SUSAN YENSAN,

INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,

PLAINTIFFS-APPELLANTS,

V

RAYMOUR AND FLANIGAN FURNITURE COMPANY AND RAYMOURS

FURNITURE COMPANY, INC., DEFENDANTS-RESPONDENTS.


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 Erie on April 4, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Stephen A. Sharkey, Esq., sworn to August 1, 2014, 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: August 20, 2014

Frances E. Cafarell, Clerk