| ANDREW SOLECKI AND DEBORAH SOLECKI V OAKWOOD CEMETERY ASSOCIATION AND WOLCOTT GRASS FARM, INC. DOING BUSINESS AS |
| Motion No: CA 17-00327 |
| Slip Opinion No: 2017 NY Slip Op 65780(U) |
| Decided on February 28, 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 17-00327
| ANDREW SOLECKI AND DEBORAH SOLECKI, PLAINTIFFS-APPELLANTS, V
OAKWOOD CEMETERY ASSOCIATION AND WOLCOTT GRASS FARM, INC. DOING BUSINESS AS WOLCOTT LAWN & CEMETERY MAINTENANCE,
DEFENDANTS-RESPONDENTS. |
Respondent Wolcott Grass Farm, Inc. doing business as Wolcott Lawn & Cemetery Maintenance 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 November 23, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Cory J. Weber, Esq., sworn to February 9, 2017, the notice of motion with proof of service thereof, and the affirmation of William A. Quinlan, 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 May 1, 2017.
Entered: February 28, 2017
Frances E. Cafarell, Clerk