| THOMAS BURNS AND KARI BURNS V CIANBRO CORPORATION AND DESTINY USA HOLDINGS, LLC |
| Motion No: CA 10-02277 |
| Slip Opinion No: 2010 NY Slip Op 90810(U) |
| Decided on December 13, 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 10-02277
| THOMAS BURNS AND KARI BURNS, PLAINTIFFS-RESPONDENTS, V
CIANBRO CORPORATION AND DESTINY USA HOLDINGS, LLC, DEFENDANTS-APPELLANTS. |
Respondents 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 August 11, 2010, on the ground that appellants have failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of Frank A. Bersani, Jr., Esq. sworn to November 16, 2010, and December 1, 2010, the affirmations of Donald S. DiBenedetto, Esq. dated November 29, 2010, and December 3, 2010, the notices of motion and cross motion with proof of service thereof, 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 February 11, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: December 13, 2010
Patricia L. Morgan, Clerk