| NICHOLAS A. CUTAIA, DOING BUSINESS AS ENERGY OFFICE SOLUTIONS V S.E. HOLDINGS, LLC, DOING BUSINESS AS PRO-ENERGY |
| Motion No: CA 09-02250 |
| Slip Opinion No: 2009 NY Slip Op 89708(U) |
| Decided on November 23, 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 NO. CA 09-02250
| NICHOLAS A. CUTAIA, DOING BUSINESS AS ENERGY OFFICE SOLUTIONS,
PLAINTIFF-RESPONDENT, V S.E. HOLDINGS, LLC, DOING BUSINESS AS PRO-ENERGY DEVELOPMENT, LLC,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 7, 2009, 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 Arthur J. Rumizen dated November 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of John J. Ottaviano dated November 16, 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 January 22, 2010, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 23, 2009
Patricia L. Morgan, Clerk