ELLEN DENORMAND AND DAVID DENORMAND V ELIZABETH V. TRACH
Motion No: CA 15-01591
Slip Opinion No: 2015 NY Slip Op 88998(U)
Decided on October 23, 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.


October 23, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01591

ELLEN DENORMAND AND DAVID DENORMAND,

PLAINTIFFS-APPELLANTS,

V

ELIZABETH V. TRACH, DEFENDANT-RESPONDENT.


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 June 25, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Hilary C. Banker, Esq., dated September 17, 2015, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq., dated October 13, 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 December 21, 2015.

Entered: October 23, 2015

Frances E. Cafarell, Clerk