| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P. |
| Motion No: CA 16-02203 |
| Slip Opinion No: 2017 NY Slip Op 63797(U) |
| Decided on February 7, 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 16-02203
| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI,
PLAINTIFFS-RESPONDENTS, V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P.,
DEFENDANTS-APPELLANTS. |
Respondents 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 Erie on September 7, 2016, on the ground that appellants failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affidavit of Timothy G. O'Connell, Esq., sworn to January 16, 2017, the notice of motion with proof of service thereof, and the affirmation of Richard S. Poveromo, Esq., received February 3, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 10, 2017, and
It is further ORDERED that the motion is otherwise denied.
Entered: February 7, 2017
Frances E. Cafarell, Clerk