| RANDY LOCKWOOD V RICHARD DECAROLIS , AND MATTHEW C. DILELLA |
| Motion No: NOS. CA 09-00645 AND CA 09-00647 |
| Slip Opinion No: 2009 NYSlipOp 69794(U) |
| Decided on April 13, 2009 |
| 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 NOS. CA 09-00645 AND CA 09-00647
| RANDY LOCKWOOD, PLAINTIFF-RESPONDENT, V RICHARD DECAROLIS,
ET AL., DEFENDANTS, AND MATTHEW C. DILELLA, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 13, 2009 and January 26, 2009, on the ground that appellant has failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Richard P. Amico dated March 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Melissa M. Murphy dated April 3, 2009, the notice of cross motion with proof of service thereof,
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 June 12, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: April 13, 2009
Patricia L. Morgan, Deputy Clerk