| NORMAN JOHN PERRY, AS EXECUTOR OF THE ESTATE OF NORMAN M. PERRY, DECEASED, AND THE ESTATE OF WANDA M. PERRY, DECEASED, |
| Motion No: CA 15-01673 |
| Slip Opinion No: 2015 NY Slip Op 87504(U) |
| Decided on October 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 15-01673
| NORMAN JOHN PERRY, AS EXECUTOR OF THE ESTATE OF NORMAN M. PERRY,
DECEASED, AND THE ESTATE OF WANDA M. PERRY, DECEASED, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JAMES W. EDWARDS AND
DIANNE L. EDWARDS, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to dismiss plaintiffs' appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2015, on the ground that plaintiffs failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Lawrence A. Schulz, Esq., dated September 25, 2015, September 28, 2015, and October 8, 2015, the notice of motion with proof of service thereof, and the affirmation of Michael J. Wrona, Esq., dated October 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and plaintiffs' appeal is dismissed without further order unless the appeal is perfected on or before December 14, 2015.
Entered: October 14, 2015
Frances E. Cafarell, Clerk