| DOUGLAS MCCLELLAN AND JANICE MCCLELLAN V MICHAEL P. CANALE, COMBS HEATING & AIR CONDITIONING, INC. AND AUBERTINE AND |
| Motion No: CA 15-01270 |
| Slip Opinion No: 2015 NY Slip Op 82087(U) |
| Decided on August 14, 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 15-01270
| DOUGLAS MCCLELLAN AND JANICE MCCLELLAN,
PLAINTIFFS-APPELLANTS, V MICHAEL P. CANALE, COMBS HEATING & AIR CONDITIONING, INC. AND AUBERTINE AND CURRIER ARCHITECTS,
ENGINEERS & LAND SURVEYORS, PLLC, DEFENDANTS-RESPONDENTS. |
Respondent Aubertine and Currier Architects, Engineers & Land Surveyors, PLLC 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 Jefferson on April 8, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Samantha C. Robbins, Esq., dated July 22, 2015, the notice of motion with proof of service thereof, and the affidavit of Jason B. Bailey, Esq., sworn to July 31, 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 October 13, 2015.
Entered: August 14, 2015
Frances E. Cafarell, Clerk