| FRANK G. CYZOWSKI, V WILLIAM J. ELKOVITCH, D.D.S., . |
| Motion No: CA 10-00141 |
| Slip Opinion No: 2010 NY Slip Op 83059(U) |
| Decided on September 17, 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 10-00141
| FRANK G. CYZOWSKI, PLAINTIFF-RESPONDENT-APPELLANT, V WILLIAM
J. ELKOVITCH, D.D.S., DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff 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 Cayuga on January 4, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph S. Cote, III, Esq. dated August 5, 2010, the notice of motion with proof of service thereof, the affirmation of Alan J. Pierce, Esq. dated August 19, 2010, and due deliberation having been had thereon,
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 October 18, 2010.
Entered: September 17, 2010
Patricia L. Morgan, Clerk