| BERNARD EISEN AND LINDA EISEN V LAWRENCE SCHIFF AND JILL SCHIFF |
| Motion No: CA 17-00267 |
| Slip Opinion No: 2017 NY Slip Op 66674(U) |
| Decided on March 3, 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 17-00267
| BERNARD EISEN AND LINDA EISEN, PLAINTIFFS-RESPONDENTS, V
LAWRENCE SCHIFF AND JILL SCHIFF, 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 October 28, 2016, on the ground that appellants failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Ryan L. Gellman, Esq., sworn to February 6, 2017, the notice of motion with proof of service thereof, and the affirmation and statement of Linda H. Joseph, Esq., dated February 17, 2017, and February 24, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 2, 2017, and
It is further ORDERED that appellants' cross motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: March 3, 2017
Frances E. Cafarell, Clerk