| WELLS FARGO BANK, N.A. V DONALD ALESSI AND ROSEMARY A. ALESSI |
| Motion No: CA 14-01874 |
| Slip Opinion No: 2014 NY Slip Op 91670(U) |
| Decided on December 2, 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 14-01874
| WELLS FARGO BANK, N.A., PLAINTIFF-RESPONDENT, V
DONALD ALESSI AND ROSEMARY A. ALESSI, DEFENDANTS-APPELLANTS. |
Respondent 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 March 29, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gabrielle B. Ruda, Esq., dated October 14, 2014, the notice of motion with proof of service thereof, and the affidavit of John P. Bartolomei, Esq., sworn to November 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 February 2, 2015.
Entered: December 2, 2014
Frances E. Cafarell, Clerk