| BRENDA M. BOROSZKO AND ROBERT R. BOROSZKO V GERALD J. ZYLINSKI, PRAXAIR DISTRIBUTION, INC., MICHAEL A. PECA AND KRISTEN |
| Motion No: CA 15-01159 |
| Slip Opinion No: 2015 NY Slip Op 80323(U) |
| Decided on July 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01159
| BRENDA M. BOROSZKO AND ROBERT R. BOROSZKO,
PLAINTIFFS-APPELLANTS, V GERALD J. ZYLINSKI, PRAXAIR DISTRIBUTION, INC., MICHAEL A. PECA AND KRISTEN L. PECA,
DEFENDANTS-RESPONDENTS. |
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 April 1, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Paul D. McCormick, Esq., dated July 9, 2015, the affirmation of James P. Burgio, Esq., dated July 13, 2015, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., sworn to July 17, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 25, 2015.
Entered: July 27, 2015
Frances E. Cafarell, Clerk