| GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA V KENNETH HERSHEY AND SUZANNE HERSHEY |
| Motion No: CA 16-00644 |
| Slip Opinion No: 2016 NY Slip Op 72560(U) |
| Decided on May 2, 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. |
DOCKET NO. CA 16-00644
| GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA,
PLAINTIFFS-RESPONDENTS, V KENNETH HERSHEY AND SUZANNE HERSHEY, DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 9, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John B. Licata, Esq., dated April 6, 2016, and the exhibit attached thereto, the notice of motion with proof of service thereof, and the statement of Hilary C. Banker, Esq., dated April 21, 2016, and the enclosure attached thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: May 2, 2016
Frances E. Cafarell, Clerk