Opinion
Motion No: CA 11-01570
08-16-2011
ERNEST P. THOMPSON AND WENDY J. THOMPSON, PLAINTIFFS-RESPONDENTS, v. TINA M. NAISH ALSO KNOWN AS TINA M. GENATT, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Chautauqua on April 7, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit and admission of service of Richard F. Whipple, Jr., Esq., sworn to July 22, 2011, and July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Todd M. Thomas, Esq., dated August 11, 2011, 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 October 17, 2011.
Patricia L. Morgan, Clerk