| JASON PHILLIPS AND MARY BETH PHILLIPS V HENRY B'S INC. , JON W. BUCHWALD, INDIVIDUALLY AND AS OWNER OF THE PROPERTY AT |
| Motion No: CA 10-00448 |
| Slip Opinion No: 2010 NY Slip Op 73923(U) |
| Decided on June 9, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00448
| JASON PHILLIPS AND MARY BETH PHILLIPS, PLAINTIFFS, V
HENRY B'S INC., ET AL., DEFENDANTS, JON W. BUCHWALD, INDIVIDUALLY AND AS OWNER OF THE PROPERTY AT 86 FALL STREET,
DEFENDANT-APPELLANT. JASON PHILLIPS AND MARY BETH PHILLIPS, PLAINTIFFS, V VILLAGE OF SENECA FALLS,
DEFENDANT-RESPONDENT. |
Respondent Village of Seneca Falls 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 Seneca on January 28, 2010, on the ground that appellant Jon W. Buchwald failed to perfect timely the appeal, and
Appellant Jon W. Buchwald having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Ryan G. Smith, Esq. dated May 12, 2010, the affidavit of Sabrina A. Victor, Esq. sworn to May 24, 2010, the notices of motion and 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 August 9, 2010.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: June 9, 2010
Patricia L. Morgan, Clerk