| R & P POOLS, INC. V REDS POOLS AND PATIO FURNITURE, INC. AND IRA N. WEINSTEIN |
| Motion No: CA 15-01008 |
| Slip Opinion No: 2015 NY Slip Op 77328(U) |
| Decided on June 24, 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 15-01008
| R & P POOLS, INC., PLAINTIFF-RESPONDENT, V REDS POOLS AND PATIO
FURNITURE, INC. AND IRA N. WEINSTEIN, 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 30, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Lisa T. Sofferin, Esq., dated June 9, 2015, the notice of motion with proof of service thereof, and the affirmation of Ira N. Weinstein, Esq., dated June 8, 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 24, 2015.
Entered: June 24, 2015
Frances E. Cafarell, Clerk