| TRUDY MENEAR AND CHARLES MENEAR V KWIK FILL , MOTOR COACH INDUSTRIES, INC., MOTOR COACH INDUSTRIES INTERNATIONAL, INC. |
| Motion No: CA 18-00273 |
| Slip Opinion No: 2018 NY Slip Op 66441(U) |
| Decided on March 1, 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 18-00273
| TRUDY MENEAR AND CHARLES MENEAR, PLAINTIFFS-RESPONDENTS, V
KWIK FILL, ET AL., DEFENDANTS, MOTOR COACH INDUSTRIES, INC., MOTOR COACH INDUSTRIES INTERNATIONAL, INC., MOTOR COACH INDUSTRIES, LTD.,
DEFENDANTS-APPELLANTS. |
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 Onondaga on October 31, 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 affirmation of Aaron J. Ryder, Esq., dated February 15, 2018, the affirmation of Heather K. Zimmerman, Esq., dated February 20, 2018, 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 the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 30, 2018, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 1, 2018
Mark W. Bennett, Clerk