| EUGENE C. TENNEY V HODGSON RUSS, LLP, BENJAMIN M. ZUFFRANIERI, JR., DANIEL A. SPITZER, JOSEPH P. DIVINCENZO, IVAN E. |
| Motion No: CA 12-00003 |
| Slip Opinion No: 2012 NY Slip Op 60935(U) |
| Decided on January 9, 2012 |
| 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 12-00003
| EUGENE C. TENNEY, PLAINTIFF-APPELLANT, V HODGSON RUSS, LLP,
BENJAMIN M. ZUFFRANIERI, JR., DANIEL A. SPITZER, JOSEPH P. DIVINCENZO, IVAN E. LEE, MELISSA N. SUBJECT, RYAN A. MCPHERSON AND ROBERT
E. RUGGERI, DEFENDANTS-RESPONDENTS. |
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 Erie on October 7, 2011, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered October 7, 2011,
Now, upon reading and filing the affirmation of Benjamin K. Ahlstrom, Esq., dated December 29, 2011, the affidavit of Eugene C. Tenney, Esq., sworn to January 3, 2012, 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 March 9, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: January 9, 2012
Frances E. Cafarell, Clerk