| MICHAEL J. TARSEL AND SUZANNE M. TARSEL, V JAMES J. TROMBINO, . |
| Motion No: CA 17-02136 |
| Slip Opinion No: 2017 NY Slip Op 40087(U) |
| Decided on December 29, 2017 |
| 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 17-02136
| MICHAEL J. TARSEL AND SUZANNE M. TARSEL,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V JAMES J. TROMBINO, DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiffs having moved to dismiss defendant's appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 21, 2017, on the ground that defendant failed to perfect timely the appeal,
Now, upon reading and filing the statement of Karen G. Felter, Esq., received December 11, 2017, the amended affidavit of Karen G. Felter, Esq., sworn to December 12, 2017, the notice of motion with proof of service thereof, and the affirmation of Katerina M. Kramarchyk, Esq., dated December 21, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and defendant's appeal is dismissed without further order unless the appeal is perfected on or before February 13, 2018.
Entered: December 29, 2017
Mark W. Bennett, Clerk