| DAVID GOWIN AND JOANNE GOWIN V AVOX SYSTEMS, INC. |
| Motion No: CA 17-01529 |
| Slip Opinion No: 2017 NY Slip Op 87469(U) |
| Decided on September 25, 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 17-01529
| DAVID GOWIN AND JOANNE GOWIN, PLAINTIFFS-APPELLANTS, V AVOX
SYSTEMS, INC., DEFENDANT-RESPONDENT. |
Respondent 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 Erie on June 6, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent G. Saccomando, Esq., sworn to August 24, 2017, the notice of motion with proof of service thereof, and the affirmation of Rebecca M. Kujawa, Esq., dated September 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 November 24, 2017.
Entered: September 25, 2017
Frances E. Cafarell, Clerk