ROBERT WEICHERT AND SUSAN M. WEICHERT V KENNETH PLUMADORE, LEANNE PLUMADORE JAMES E. HILTON AND ETHEL STEVENS- HILTON
Motion No: CA 18-01095
Slip Opinion No: 2018 NY Slip Op 77067(U)
Decided on July 2, 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.


July 2, 2018

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

DOCKET NO. CA 18-01095

ROBERT WEICHERT AND SUSAN M. WEICHERT,

PLAINTIFFS-APPELLANTS,

V

KENNETH PLUMADORE, LEANNE PLUMADORE, DEFENDANTS,

JAMES E. HILTON AND ETHEL STEVENS-HILTON,

DEFENDANTS-RESPONDENTS.


Respondents James E. Hilton and Ethel Stevens-Hilton 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 March 18, 2018, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Mark D. Goris, Esq., sworn to June 15, 2018, the notice of motion with proof of service thereof, and the affidavit of Susan M. Weichert sworn to June 26, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: July 2, 2018

Mark W. Bennett, Clerk