Opinion
DOCKET NO. CA 13-00079
06-20-2013
MICHAEL C. IANNONE AND BARBARA B. IANNONE, PLAINTIFFS-APPELLANTS, v. JOHN H. KENYON TRUCKING, INC. AND CHARLES K. OSTROWSKI, DEFENDANTS, AND COUNTY OF SENECA, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having moved to vacate the dismissal of the appeal and for leave to file a late notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on March 13, 2012,
Now, upon reading and filing the affirmation of Richard P. Amico, Esq., dated April 19, 2013, the notice of motion with proof of service thereof, and the affidavit of Andrew J. Ryan, Esq., sworn to May 3, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Frances E. Cafarell, Clerk