| ROGER D. FELLER AND SHERRI FELLER V EARTH LEASING, LLC, ALLIANCE CONTRACTING, LLC ARTHUR J. PAOLUCCI, INDIVIDUALLY, AND |
| Motion No: CA 15-00767 |
| Slip Opinion No: 2015 NY Slip Op 75077(U) |
| Decided on June 4, 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 15-00767
| ROGER D. FELLER AND SHERRI FELLER, PLAINTIFFS-APPELLANTS, V
EARTH LEASING, LLC, ALLIANCE CONTRACTING, LLC, DEFENDANTS-RESPONDENTS, ARTHUR J. PAOLUCCI, INDIVIDUALLY, AND DOING BUSINESS AS
ENGINEERED DISMANTLING AND DEMOLITION, DEFENDANT. |
Respondents 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 January 8, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael J. Chmiel, Esq., dated April 30, 2015, the notice of motion with proof of service thereof, and the affirmation of Eleanor B. Ferry, Esq., dated May 18, 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 August 3, 2015.
Entered: June 4, 2015
Frances E. Cafarell, Clerk