JEREMY S. GNADE V SUNBURST OPTICS, INC.
Motion No: NOS. CA 11-01869 AND CA 11-01870
Slip Opinion No: 2011 NY Slip Op 85269(U)
Decided on September 28, 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.


September 28, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-01869 AND CA 11-01870

JEREMY S. GNADE, PLAINTIFF-RESPONDENT,

V

SUNBURST OPTICS, INC., DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 29, 2011, and July 8, 2011, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Laurence F. Sovik, Esq., sworn to September 12, 2011, the notice of motion with proof of service thereof, and the affidavit of William S. Nolan, Esq., sworn to September 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 28, 2011.

Entered: September 28, 2011

Patricia L. Morgan, Clerk