| STANLEY PARKER, FAIRMAN SUTTON, DAVID BAIN, ELLEN PECK, DOUGLAS WILLIAMS, ALCID BEAUDIN V TOWN OF ALEXANDRIA |
| Motion No: CA 17-01244 |
| Slip Opinion No: 2017 NY Slip Op 81594(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 17-01244
| STANLEY PARKER, FAIRMAN SUTTON, DAVID BAIN, ELLEN PECK, DOUGLAS
WILLIAMS, ALCID BEAUDIN, PLAINTIFFS-APPELLANTS, V TOWN OF ALEXANDRIA, DEFENDANT-RESPONDENT. |
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 Jefferson on April 6, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert J. Slye, Esq., dated June 30, 2017, the notice of motion with proof of service thereof, and the affidavit of Kevin M. McArdle, Esq., sworn to July 21, 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 September 26, 2017.
Entered: July 28, 2017
Frances E. Cafarell, Clerk