| WILLIAM H. SHEEHAN AND MARCY A. SHAHEEN V THOMAS A. GILRAY, JR., CENTRAL TERMINAL RESTORATION CORPORATION CORPUS |
| Motion No: CA 16-00097 |
| Slip Opinion No: 2016 NY Slip Op 64719(U) |
| Decided on February 11, 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 16-00097
| WILLIAM H. SHEEHAN AND MARCY A. SHAHEEN,
PLAINTIFFS-APPELLANTS, V THOMAS A. GILRAY, JR., CENTRAL TERMINAL RESTORATION CORPORATION, DEFENDANTS, CORPUS CHRISTI CHURCH,
DEFENDANT-RESPONDENT, CORPUS CHRISTI SOCIAL AND ATHLETIC CLUB, INC., DEFENDANT. |
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 October 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 affirmations of Nicholas M. Hriczko, Esq., dated January 19, 2016, and February 4, 2016, the affirmation of R. Charles Miner, Esq., dated 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 11, 2016, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: February 11, 2016
Frances E. Cafarell, Clerk