| COMMUNITY BANK NATIONAL ASSOCIATION V CASKINETTE AUTO SALES, INC., AND SEAN M. JEROR |
| Motion No: CA 09-01678 |
| Slip Opinion No: 2009 NY Slip Op 91526(U) |
| Decided on December 14, 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 09-01678
| COMMUNITY BANK NATIONAL ASSOCIATION, PLAINTIFF-RESPONDENT,
V CASKINETTE AUTO SALES, INC., AND SEAN M. JEROR, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken by defendant Sean M. Jeroe from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on July 6, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Julian B. Modesti sworn to December 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of David P. Antonucci sworn to December 11, 2009,
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 February 16, 2010.
Entered: December 14, 2009
Patricia L. Morgan, Clerk