| JAMES SPACHT AND MELODY SPACHT V COUNTY OF CHAUTAUQUA |
| Motion No: CA 15-00386 |
| Slip Opinion No: 2015 NY Slip Op 67449(U) |
| Decided on March 12, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00386
| JAMES SPACHT AND MELODY SPACHT, PLAINTIFFS-APPELLANTS. V
COUNTY OF CHAUTAUQUA, DEFENDANT-RESPONDENT, |
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 Chautauqua on October 2, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paula M. Eade Newcomb, Esq., sworn to February 23, 2015, the notice of motion with proof of service thereof, and the affidavit of Sarah P. Rera, Esq., sworn to February 26, 2015, 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 May 11, 2015.
Entered: March 12, 2015
Frances E. Cafarell, Clerk