| IRENE HILL AND WILLIAM HILL V MICHELLE MCGINNES, JANET S. CANTY, - AND LARRY DAVIS, JR. |
| Motion No: CA 16-00032 |
| Slip Opinion No: 2016 NY Slip Op 62681(U) |
| Decided on January 26, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00032
| IRENE HILL AND WILLIAM HILL, PLAINTIFFS-APPELLANTS, V MICHELLE
MCGINNES, JANET S. CANTY, DEFENDANTS-RESPONDENTS AND LARRY DAVIS, JR., DEFENDANT. |
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 Monroe on September 8, 2015, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Michael A. Reddy, Esq., dated January 7, 2016, and the affidavit of William P. Smith, Jr., Esq., sworn to January 28, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 15, 2016, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: January 26, 2016
Frances E. Cafarell, Clerk