| RONALD KOZLOWSKI AND DENISE KOZLOWSKI V ALLIED BUILDERS, INC., AND RUSH-HENRIETTA CENTRAL SCHOOL DISTRICT |
| Motion No: CA 16-00201 |
| Slip Opinion No: 2016 NY Slip Op 65292(U) |
| Decided on February 18, 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 16-00201
| RONALD KOZLOWSKI AND DENISE KOZLOWSKI,
PLAINTIFFS-RESPONDENTS, V ALLIED BUILDERS, INC., AND RUSH-HENRIETTA CENTRAL SCHOOL DISTRICT,
DEFENDANTS-APPELLANTS. |
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 November 6, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Charles S. Desmond, II, Esq., sworn to February 1, 2016, the notice of motion with proof of service thereof, and the affidavit of Gerard E. O'Connor, Esq., sworn to February 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Entered: February 18, 2016
Frances E. Cafarell, Clerk