| MARCONE APW, LLC V SERVALL COMPANY, KARL P. ROSENHAHN, AND MARK J. CREIGHTON MAR-CONE APPLIANCE PARTS COMPANY V KIM |
| Motion No: CA 12-01581 |
| Slip Opinion No: 2012 NY Slip Op 84875(U) |
| Decided on September 14, 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 12-01581
| MARCONE APW, LLC, PLAINTIFF-RESPONDENT, V
SERVALL COMPANY, KARL P. ROSENHAHN, AND MARK J. CREIGHTON, DEFENDANTS. MAR-CONE APPLIANCE PARTS COMPANY,
PLAINTIFF-RESPONDENT, V KIM ADLER, ET AL., DEFENDANTS, MICHAEL G. MANGAN,
DEFENDANT-APPELLANT. |
Plaintiff Marcone APW, LLC 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 May 23, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joanna J. Chen, Esq., dated August 28, 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 14, 2012
Frances E. Cafarell, Clerk