BEACON FEDERAL V BEN WALKER, LLC, PACIFIC VIEW, LLC JAMES H. NICHOLS, - .
Motion No: CA 12-01129
Slip Opinion No: 2012 NY Slip Op 78434(U)
Decided on July 6, 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.


July 6, 2012

DOCKET NO. CA 12-01129

BEACON FEDERAL, PLAINTIFF-RESPONDENT,

V

BEN WALKER, LLC, PACIFIC VIEW, LLC, DEFENDANTS,

JAMES H. NICHOLS, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Respondent 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 23, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Julian B. Modesti, Esq., sworn to June 18, 2012, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: July 6, 2012

Frances E. Cafarell, Clerk