| ANGELO P. ZAPPIE AND DEBORAH ZAPPIE V DOLORES L. PERRY |
| Motion No: CA 17-00792 |
| Slip Opinion No: 2017 NY Slip Op 75692(U) |
| Decided on May 30, 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 17-00792
| ANGELO P. ZAPPIE AND DEBORAH ZAPPIE, PLAINTIFFS-APPELLANTS, V
DOLORES L. PERRY, DEFENDANT-RESPONDENT. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on January 3, 2017,
Now, upon reading and filing the affidavit of Edward J. Markarian, Esq., sworn to May 19, 2017, the affidavit of Joy E. Miserendino, Esq., sworn May 18, 2017, the affidavit of Cathy J. Mackert sworn to May 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Stephen P. Brooks, Esq., dated May 25, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellants perfect the appeal on or before July 31, 2017.
Entered: May 30, 2017
Frances E. Cafarell, Clerk