GENERAL ELECTRIC CAPITAL CORPORATION, BY ALFRED W. POPKESS, AS RECEIVER V LORETTO-UTICA RESIDENTIAL HEALTH CARE
Motion No: CA 10-00541
Slip Opinion No: 2010 NY Slip Op 65204(U)
Decided on March 8, 2010
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.


March 8, 2010

DOCKET NO. CA 10-00541

GENERAL ELECTRIC CAPITAL CORPORATION, BY ALFRED W. POPKESS,

AS RECEIVER, PETITIONER-RESPONDENT,

V

LORETTO-UTICA RESIDENTIAL HEALTH CARE FACILITY, AND

LORETTO-UTICA ADULT RESIDENCE, INC.,

RESPONDENTS-APPELLANTS.


Petitioner-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 Oneida on May 14, 2009, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of A. Vincent Buzard dated February 19, 2010, the notice of motion with proof of service thereof, the affirmation of Dean J. DiPilato dated March 2, 2010, the notice of cross motion with proof of service thereof,

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 March 31, 2010, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: March 8, 2010

Patricia L. Morgan, Clerk