| AUGUST J. GILLON V CARL D. TRAINA |
| Motion No: CA 07-02646 |
| Slip Opinion No: 2008 NYSlipOp 71417(U) |
| Decided on May 5, 2008 |
| 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 07-02646
| AUGUST J. GILLON, PLAINTIFF-RESPONDENT, V CARL D. TRAINA,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on November 9, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Michael J. Sarofeen dated April 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David Gerald Jay dated April 28, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Michael J. Sarofeen dated May 2, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before July 3, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: May 5, 2008
JoAnn M. Wahl, Clerk