| MICHELLE M. DZIEDZIC AND ANTHONY W. DZIEDZIC V RICHARD WIRTH, INDIVIDUALLY AND DOING BUSINESS AS J & S PAVING MARK |
| Motion No: CA 17-01756 |
| Slip Opinion No: 2017 NY Slip Op 89533(U) |
| Decided on October 16, 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 17-01756
| MICHELLE M. DZIEDZIC AND ANTHONY W. DZIEDZIC,
PLAINTIFFS-APPELLANTS, V RICHARD WIRTH, INDIVIDUALLY AND DOING BUSINESS AS J & S PAVING, DEFENDANT, MARK DONABELLA, AND
MEGHAN DONABELLA, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on June 28, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Alan R. Peterman, Esq., sworn to October 3, 2017, the notice of motion with proof of service thereof, and the affidavit of Anthony R. Brighton, Esq., sworn to October 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 appeal is perfected on or before December 15, 2017.
Entered: October 16, 2017
Mark W. Bennett, Clerk