| BRIAN TOMER AND MARCIA TOMER V SAFECO INSURANCE COMPANY |
| Motion No: CA 18-01431 |
| Slip Opinion No: 2018 NY Slip Op 81219(U) |
| Decided on August 16, 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. |
DOCKET NO. CA 18-01431
| BRIAN TOMER AND MARCIA TOMER, PLAINTIFFS-APPELLANTS, V
SAFECO INSURANCE COMPANY, 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 Wayne on March 16, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jonathan Schapp, Esq., dated July 30, 2018, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 16, 2018
Mark W. Bennett, Clerk