| IN THE MATTER OF ERIC SVENSON AND MARCELLE L. SVENSON V RICHARD B. SWEGAN, DEBRA A. DINNOCENZO AND DAVID MCKEE |
| Motion No: CA 14-02232 |
| Slip Opinion No: 2015 NY Slip Op 62489(U) |
| Decided on January 27, 2015 |
| 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 14-02232
| IN THE MATTER OF ERIC SVENSON AND MARCELLE L. SVENSON,
PETITIONERS-APPELLANTS, V RICHARD B. SWEGAN, DEBRA A. DINNOCENZO, RESPONDENTS-RESPONDENTS, AND DAVID MCKEE,
RESPONDENT. |
Respondents-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 Chautauqua on September 15, 2014, on the ground that appellants failed to perfect timely the appeal and on the ground of waiver, and respondents-respondents and having moved for an award of costs,
Now, upon reading and filing the affidavit of Stephen E. Sellstrom, Esq., sworn to December 4, 2014, the notice of motion with proof of service thereof, and the affirmation of Paul V. Webb, Jr., Esq., sworn to December 16, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before March 5, 2015, and
It is further ORDERED that the motion is otherwise denied.
Entered: January 27, 2015
Frances E. Cafarell, Clerk