| BARRY S. STEWARD V CIANBRO CORPORATION AND DESTINY USA HOLDINGS, LLC |
| Motion No: CA 12-00863 |
| Slip Opinion No: 2012 NY Slip Op 74741(U) |
| Decided on May 25, 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 12-00863
| BARRY S. STEWARD, PLAINTIFF-APPELLANT, V CIANBRO CORPORATION
AND DESTINY USA HOLDINGS, LLC, 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 Onondaga on February 9, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Donald S. DiBenedetto, Esq., dated May 7, 2012, the notice of motion with proof of service thereof, and the affirmation of Martin J. Rothschild, Esq., dated May 8, 2012, 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 July 24, 2012.
Entered: May 25, 2012
Frances E. Cafarell, Clerk