| HOWARD P. SEARS, JR. V JAMES SMALDON AND DONNA SMALDON |
| Motion No: CA 16-01362 |
| Slip Opinion No: 2016 NY Slip Op 85069(U) |
| Decided on September 6, 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 16-01362
| HOWARD P. SEARS, JR., PLAINTIFF-RESPONDENT, V JAMES SMALDON
AND DONNA SMALDON, DEFENDANTS-APPELLANTS. |
Respondent 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 Oneida on April 19, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmatoin of Ted H. Williams, Esq., dated August 2, 2016, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: September 6, 2016
Frances E. Cafarell, Clerk