| SARAH J. GREGORY AND BRIAN C. GREGORY V STEVEN R. CAVARELLO NATIONAL FUEL GAS DISTRIBUTION CORP., MUNICIPAL PIPE CO. |
| Motion No: CA 17-01383 |
| Slip Opinion No: 2017 NY Slip Op 83150(U) |
| Decided on August 14, 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 17-01383
| SARAH J. GREGORY AND BRIAN C. GREGORY, PLAINTIFFS-RESPONDENTS,
V STEVEN R. CAVARELLO, DEFENDANT, NATIONAL FUEL GAS DISTRIBUTION CORP., MUNICIPAL PIPE CO., LLC, AND CITY OF BUFFALO,
DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 11, 2017, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Stephen Boyd, Esq., dated July 28, 2017, the notice of motion with proof of service thereof, the affirmation of David M. Lee, Esq., dated August 4, 2017, and the affirmation of Meghan M. Brown, Esq., dated August 10, 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 appeals are perfected on or before October 13, 2017.
Entered: August 14, 2017
Frances E. Cafarell, Clerk