| BEACON FEDERAL V PHILIP J. SIMAO, PRIME L.L.C., ALSO KNOWN AS PRIME, LLC, ONONDAGA DEVELOPMENT LLC, WARNERS ROAD |
| Motion No: CA 10-02131 |
| Slip Opinion No: 2010 NY Slip Op 88167(U) |
| Decided on November 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 10-02131
| BEACON FEDERAL, PLAINTIFF-RESPONDENT, V PHILIP J. SIMAO, PRIME
L.L.C., ALSO KNOWN AS PRIME, LLC, ONONDAGA DEVELOPMENT LLC, WARNERS ROAD DEVELOPMENT LLC, ALSO KNOWN AS WARNERS ROAD
DEVELOPMENT, DEALMAKER AUTO GROUP LLC, DEFENDANTS-APPELLANTS, MARK CAVALLARO, ET AL.,
DEFENDANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 27, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit Julian B. Modesti, Esq. sworn to October 21, 2010, the notice of motion with proof of service thereof, and the affirmation of Jan S. Kublick, Esq. dated October 28, 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 January 11, 2011.
Entered: November 12, 2010
Patricia L. Morgan, Clerk