| MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN |
| Motion No: CA 18-01893 |
| Slip Opinion No: 2017 NY Slip Op 85294(U) |
| Decided on September 5, 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 18-01893
| 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-RESPONDENTS. |
Respondent Gina Nicoletti 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 affirmation of Paul A. Sanders, Esq., dated August 15, 2017, the notice of motion with proof of service thereof, and the affirmation of A.J. Bosman, Esq., dated September 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to respondent Gina Nicoletti, without further order unless the appeal is perfected on or before November 6, 2017.
Entered: September 5, 2017
Frances E. Cafarell, Clerk