| EDMUND J. WIATR, JR. AND KATHLEEN WIATR V CARRY-ON TRAILER, INC. AND TRACTOR SUPPLY COMPANY |
| Motion No: CA 18-01300 |
| Slip Opinion No: 2018 NY Slip Op 79610(U) |
| Decided on July 30, 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 18-01300
| EDMUND J. WIATR, JR. AND KATHLEEN WIATR,
PLAINTIFFS-RESPONDENTS, V CARRY-ON TRAILER, INC. AND TRACTOR SUPPLY COMPANY,
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 Oneida on March 26, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Gustave J. DeTraglia, Jr., Esq., sworn to June 22, 2018, the notice of motion with proof of service thereof, and the affirmation of Leigh A. Lieberman, Esq., dated July 27, 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 September 28, 2018.
Entered: July 30, 2018
Mark W. Bennett, Clerk