| JASON FAWCETT AND CYNTHIA FAWCETT V FRANKLYN COLE STEARNS |
| Motion No: CA 15-01752 |
| Slip Opinion No: 2015 NY Slip Op 89000(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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01752
| JASON FAWCETT AND CYNTHIA FAWCETT, PLAINTIFFS-APPELLANTS, V
FRANKLYN COLE STEARNS, 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 Chautauqua on May 15, 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 October 7, 2015, the notice of motion with proof of service thereof, and the affidavit of Samuel J. Capizzi, Esq., sworn to 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 14, 2015.
Entered: October 23, 2015
Frances E. Cafarell, Clerk