| VICENTE HERNANDEZ AND MAYELA HERNANDEZ V AUBURN REAL ESTATE CO., INC. AND PARSONS MCKENNA CONSTRUCTION CO., INC. |
| Motion No: CA 17-00197 |
| Slip Opinion No: 2017 NY Slip Op 64952(U) |
| Decided on February 21, 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 17-00197
| VICENTE HERNANDEZ AND MAYELA HERNANDEZ,
PLAINTIFFS-RESPONDENTS, V AUBURN REAL ESTATE CO., INC. AND PARSONS MCKENNA CONSTRUCTION CO., INC.,
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 Cayuga on September 13, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven W. Williams, Esq., sworn to January 24, 2017, the notice of motion with proof of service thereof, and the affirmation of Kevin R.
Van Duser, Esq., dated February 17, 2017, 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 April 24, 2017.
Entered: February 21, 2017
Frances E. Cafarell, Clerk