| JOSHUA BROWNELL V BLUE SEAL FEEDS, INC., DOING BUSINESS AS BLUE SEAL FEEDS MILLS, BLUE SEAL FEEDS RETAIL STORE, JOSEPH |
| Motion No: CA 11-00585 |
| Slip Opinion No: 2011 NY Slip Op 71042(U) |
| Decided on April 22, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00585
| JOSHUA BROWNELL, PLAINTIFF-APPELLANT, V BLUE SEAL FEEDS, INC.,
DOING BUSINESS AS BLUE SEAL FEEDS MILLS, BLUE SEAL FEEDS RETAIL STORE, JOSEPH J. BENNETT, DEBRA KAY BENNETT AND HERTEL STEEL,
INC., DEFENDANTS-RESPONDENTS. |
Respondents Joseph J. Bennett and Debra Kay Bennett 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 Jefferson on November 24, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Timothy J. Perry, Esq. sworn to March 18, 2011, the notice of motion with proof of service thereof, and the affirmation of Martin J. Rothschild, Esq. dated March 28, 2011, 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 June 21, 2011.
Entered: April 22, 2011
Patricia L. Morgan, Clerk