| LIZZIE CYRUS AND ABRAHAM CYRUS V WAL-MART STORES EAST, LP |
| Motion No: CA 17-01120 |
| Slip Opinion No: 2017 NY Slip Op 77719(U) |
| Decided on June 19, 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 17-01120
| LIZZIE CYRUS AND ABRAHAM CYRUS, PLAINTIFFS-APPELLANTS, V
WAL-MART STORES EAST, LP, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 24, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of R. Andrew Feinberg, Esq., dated June 6, 2017, the notice of motion with proof of service thereof, and the affirmation of Michael J. Hutter, Esq., dated June 16, 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 August 3, 2017.
Entered: June 19, 2017
Frances E. Cafarell, Clerk