| JOHN J. SOPKOVICH AND CAROL A. SOPKOVICH V DONALD J. SMITH AND SCOTT'S PEEK'N PEAK, LLC |
| Motion No: CA 18-00039 |
| Slip Opinion No: 2018 NY Slip Op 62488(U) |
| Decided on January 25, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00039
| JOHN J. SOPKOVICH AND CAROL A. SOPKOVICH,
PLAINTIFFS-APPELLANTS, V DONALD J. SMITH, DEFENDANT-RESPONDENT, AND SCOTT'S PEEK'N PEAK, LLC,
DEFENDANT. |
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 September 20, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jeffrey F. Baase, Esq., received January 8, 2018, the notice of motion with proof of service thereof, and the affirmation of John I. LaMancuso, Esq., dated January 10, 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 26, 2018.
Entered: January 25, 2018
Mark W. Bennett, Clerk