| MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN |
| Motion No: CA 17-01446 |
| Slip Opinion No: 2017 NY Slip Op 84605(U) |
| Decided on August 29, 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 17-01446
| MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY, AND AS PARENTS AND
NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN INFANT, PLAINTIFFS-APPELLANTS, V DAVID VANDEWATER, FRANK P. ROSE, AND GINA
NICOLETTI, DEFENDANTS. |
Respondent David Vandewater having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Lewis on May 5, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark D. Goris, Esq., sworn to August 11, 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 David Vandewater.
Entered: August 29, 2017
Frances E. Cafarell, Clerk