TAMMY DONNELLY, AS MOTHER AND NATURAL GUARDIAN OF MICHAEL DONNELLY, AND INFANT AND SUSAN HELLWIG, AS MOTHER AND NATURAL
Motion No: CA 14-01799
Slip Opinion No: 2014 NY Slip Op 88366(U)
Decided on October 30, 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.


October 30, 2014

PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-01799

TAMMY DONNELLY, AS MOTHER AND NATURAL GUARDIAN OF MICHAEL

DONNELLY, AND INFANT AND SUSAN HELLWIG, AS MOTHER AND

NATURAL GUARDIAN OF KIRK HELLWIG, AN INFANT,

PLAINTIFFS-APPELLANTS,

V

WILLIAM C. SCHRADER, LISA A. DELMONT, A.L BLADES AND SONS, INC.,

C.P. WARD, INC., COMET FLASHER, INC., SBJ SERVICES, INC. AND APEX

STRIPING, INC., DEFENDANTS-RESPONDENTS.


Respondent C.P. Ward, Inc. 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 Allegany on July 2, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Janice M. Iati, Esq., dated September 24, 2014, the notice of motion with proof of service thereof, and the affirmation of Amanda L. Lowe, Esq., dated October 7, 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 December 29, 2014.

Entered: October 30, 2014

Frances E. Cafarell, Clerk