| KG2, LLC, DOING BUSINESS AS AURORA SALES & SERVICE V BRUCE WELLER, DOING BUSINESS AS AURORA TRUCK SUPPLY COMPANY AND |
| Motion No: CA 12-01225 |
| Slip Opinion No: 2012 NY Slip Op 80482(U) |
| Decided on July 27, 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 12-01225
| KG2, LLC, DOING BUSINESS AS AURORA SALES & SERVICE,
PLAINTIFF-RESPONDENT, V BRUCE WELLER, DOING BUSINESS AS AURORA TRUCK SUPPLY COMPANY, DEFENDANT-APPELLANT, AND JOHN
DOE, 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 Erie on December 28, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lindsey M. Swensen, Esq., sworn to June 25, 2012, the notice of motion with proof of service thereof, and the affidavit of Eugene Vincent Burke, Esq., sworn to July 17, 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 September 25, 2012.
Entered: July 27, 2012
Frances E. Cafarell, Clerk