| HENRY FIEBIGER V JAY-K LUMBER, INC. |
| Motion No: CA 10-01333 |
| Slip Opinion No: 2010 NY Slip Op 76998(U) |
| Decided on July 12, 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 10-01333
| HENRY FIEBIGER, PLAINTIFF-APPELLANT, V JAY-K LUMBER, INC.,
DEFENDANT-RESPONDENT. |
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 February 8, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Vincent J. Rossi, Jr., Esq. dated June 16, 2010, the notice of motion with proof of service thereof, the affidavit of Ralph W. Fusco, Esq. sworn to June 23, 2010,
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 September 10, 2010.
Entered: July 12, 2010
Patricia L. Morgan, Clerk