PATRICIA J. BOROWSKI AND LAWRENCE C. BOROWSKI V PEEK ‘N PEAK RECREATION, INC. AND HANNAH FRANKLIN PATRICIA J. BOROWSKI

PATRICIA J. BOROWSKI AND LAWRENCE C. BOROWSKI V PEEK ‘N PEAK RECREATION, INC. AND HANNAH FRANKLIN PATRICIA J. BOROWSKI

Motion No: CA 15-00180

Slip Opinion No: 2015 NY Slip Op 64154(U)

Decided on February 13, 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.

February 13, 2015

DOCKET NO. CA 15-00180
DOCKET NO. CA 15-00181

PATRICIA J. BOROWSKI AND LAWRENCE C. BOROWSKI,
PLAINTIFFS-APPELLANTS,
V
PEEK ‘N PEAK RECREATION, INC. AND HANNAH FRANKLIN,
DEFENDANTS-RESPONDENTS.
(APPEAL NO. 1.)
PATRICIA J. BOROWSKI AND LAWRENCE C. BOROWSKI,
PLAINTIFFS-APPELLANTS,
V
PEEK ‘N PEAK RECREATION, INC. AND HANNAH FRANKLIN,
DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.)

Respondent Hannah Franklin having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on October 3, 2014, and October 8, 2014, on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Jeffrey F. Baase, Esq., sworn to January 16, 2015, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without costs.

Entered: February 13, 2015

Frances E. Cafarell, Clerk