| CWCAPITAL ASSET MANAGEMENT, LLC, AS SPECIAL SERVICER FOR U.S. BANK, N.A., AS SUCCESSOR TO WELLS FARGO BANK, N.A., AS |
| Motion No: CA 12-01376 |
| Slip Opinion No: 2012 NY Slip Op 83351(U) |
| Decided on September 4, 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. |
DOCKET NO. CA 12-01376
| CWCAPITAL ASSET MANAGEMENT, LLC, AS SPECIAL SERVICER
FOR U.S. BANK, N.A., AS SUCCESSOR TO WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CD 2007 CD4
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES CD 2007-CD4, AS HOLDER, PLAINTIFF-APPELLANT, V MSF
MAPLE, LLC, BENDERSON DEVELOPMENT COMPANY, LLC., RONALD BENDERSON AND DAVID H. BALDAUF, IN THEIR CAPACITIES AS
TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993 KNOWN AS THE RANDALL BENDERSON 1993-1 TRUST,
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 April 26, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson, Esq., sworn to July 24, 2012, and 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: September 4, 2012
Frances E. Cafarell, Clerk