GREGORY A. SHERLOCK AND MORIA SHERLOCK V JOSEPH A. GERACE, INDIVIDUALLY AND AS SHERIFF OF CHAUTAUQUA COUNTY
Motion No: CA 17-02192
Slip Opinion No: 2018 NY Slip Op 60847(U)
Decided on January 9, 2018
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.


January 9, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-02192

GREGORY A. SHERLOCK AND MORIA SHERLOCK,

PLAINTIFFS-APPELLANTS,

V

JOSEPH A. GERACE, INDIVIDUALLY AND AS SHERIFF OF CHAUTAUQUA

COUNTY, DEFENDANT-RESPONDENT.


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 Chautauqua on August 30, 2017, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Shannon B. O'Neill, Esq., dated December 18, 2017, the notice of motion with proof of service thereof, and the affidavit of Michael R. Drumm, Esq., sworn to January 3, 2018, 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 March 12, 2018.

Entered: January 9, 2018

Mark W. Bennett, Clerk