| FUN XCAPE LLC AND VINA BONNER V NEIGHBORS OF WATERTOWN, INC. |
| Motion No: CA 17-01255 |
| Slip Opinion No: 2017 NY Slip Op 81592(U) |
| Decided on July 28, 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 17-01255
| FUN XCAPE LLC AND VINA BONNER, PLAINTIFFS-APPELLANTS, V
NEIGHBORS OF WATERTOWN, INC., DEFENDANT-RESPONDENT. |
Respondent 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 Jefferson on April 7, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert J. Slye, Esq., dated July 7, 2017, the notice of motion with proof of service thereof, and the affidavit of David P. Antonucci, Esq., sworn to July 13, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.12 [a]).
Entered: July 28, 2017
Frances E. Cafarell, Clerk