| 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 66694(U) |
| Decided on March 8, 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 23, 2016, the notice of motion with proof of service thereof, and the affidavit of Gerard E. O'Connor, Esq., sworn to February 26, 2016, 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 May 9, 2016.
Entered: March 8, 2016
Frances E. Cafarell, Clerk