DAMIAN SMITH V AQUILINO A. DECAROLIS, CRYSTAL ALLYN NERI COLLEEN B. TIERNEY, JEROME D. TIDD, AND ANNA TIDD
Motion No: CA 16-00512
Slip Opinion No: 2016 NY Slip Op 71936(U)
Decided on April 22, 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.


April 22, 2016

DOCKET NO. CA 16-00512

DAMIAN SMITH, PLAINTIFF-RESPONDENT,

V

AQUILINO A. DECAROLIS, CRYSTAL ALLYN NERI, DEFENDANTS,

COLLEEN B. TIERNEY, JEROME D. TIDD, AND ANNA TIDD,

DEFENDANTS-APPELLANTS.


Respondent having moved to dismiss the appeals taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 4, 2015, on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Bridget M. Talerico, Esq., dated March 30, 2016, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without costs.

Entered: April 22, 2016

Frances E. Cafarell, Clerk