| BRYANT BURNS AND KAREN BURNS V TOWN OF BOSTON, ROBERT J. TELAAK, JUNE M. TELAAK, - . |
| Motion No: CA 17-01084 |
| Slip Opinion No: 2017 NY Slip Op 78561(U) |
| Decided on June 26, 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 17-01084
| BRYANT BURNS AND KAREN BURNS, PLAINTIFFS-APPELLANTS, V TOWN
OF BOSTON, ROBERT J. TELAAK, JUNE M. TELAAK, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Respondent Town of Boston 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 March 29, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paula M. Eade Newcomb, Esq., sworn to June 5, 2017, the notice of motion with proof of service thereof, and the affidavit of Phillip A. Oswald, Esq., sworn to June 22, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed with respect to Town of Boston without further order unless the appeal is perfected on or before August 25, 2017.
Entered: June 26, 2017
Frances E. Cafarell, Clerk