| KATHLEEN M. HOLDING AND BRIAN HOLDING V MATTHEW G. BROOKS AND CHAD A. BROOKS AND MGB BUILDING, INC. |
| Motion No: CA 16-00578 |
| Slip Opinion No: 2016 NY Slip Op 71953(U) |
| Decided on April 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 16-00578
| KATHLEEN M. HOLDING AND BRIAN HOLDING,
PLAINTIFFS-RESPONDENTS, V MATTHEW G. BROOKS AND CHAD A. BROOKS, DEFENDANTS, AND MGB BUILDING, INC.,
DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 22, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas M. Lewandowski, Esq., dated April 12, 2016, the affirmation of Kevin A. Szanyi, Esq., dated April 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Sean M. Spencer, Esq., dated April 20, 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 June 27, 2016.
Entered: April 26, 2016
Frances E. Cafarell, Clerk