| VILLAGE OF SOLVAY V RANA J. ZAHRAN AND STEVEN'S FOOD MARKET, INC. |
| Motion No: CA 17-02085 |
| Slip Opinion No: 2017 NY Slip Op 95772(U) |
| Decided on December 11, 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 17-02085
| VILLAGE OF SOLVAY, PLAINTIFF-RESPONDENT, V RANA J. ZAHRAN AND
STEVEN'S FOOD MARKET, INC., DEFENDANTS-APPELLANTS. |
Respondent 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 Onondaga on September 11, 2017, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Nadine C. Bell, Esq., sworn to November 27, 2017, the affirmation of David A. Bythewood, Esq., dated December 5, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 9, 2018, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: December 11, 2017
Mark W. Bennett, Clerk