| DAVID NEUMAN V STUART A. FRANK HINMAN, HOWARD & KATTELL, LLP |
| Motion No: CA 10-00933 |
| Slip Opinion No: 2010 NY Slip Op 75881(U) |
| Decided on June 28, 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 10-00933
| DAVID NEUMAN, PLAINTIFF-RESPONDENT, V STUART A. FRANK,
DEFENDANT-APPELLANT, HINMAN, HOWARD & KATTELL, LLP, DEFENDANT. |
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 Onondaga on March 25, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Douglas A. Foss, Esq. dated June 8, 2010, the notice of motion with proof of service thereof, the affidavit of Nicole Marlow-Jones, Esq. sworn to June 18, 2010, and due deliberation having been thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before August 27, 2010.
Entered: June 28, 2010
Patricia L. Morgan, Clerk