| MICHELLE L. HARRIS AND ADAM M. PROSSER V MICHAEL R. HANSSEN AND TOWN OF ROYALTON |
| Motion No: CA 17-01090 |
| Slip Opinion No: 2017 NY Slip Op 78594(U) |
| Decided on June 27, 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. |
DOCKET NO. CA 17-01090
| MICHELLE L. HARRIS AND ADAM M. PROSSER,
PLAINTIFFS-RESPONDENTS, V MICHAEL R. HANSSEN AND TOWN OF ROYALTON, DEFENDANTS-APPELLANTS. MICHAEL R.
HASSEN AND TOWN OF ROYALTON, COUNTER-CLAIM PLAINTIFFS-APPELLANTS, V ADAM M. PROSSER, COUNTER-CLAIM
DEFENDANT-RESPONDENT. |
Counter-claim defendant-respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 7, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Daniel R. Archilla, Esq., dated June 12, 2017, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs with respect to counter-claim defendant-respondent.
Entered: June 27, 2017
Frances E. Cafarell, Clerk