| CAMBRIDGE INTEGRATED SERVICES GROUP V BRIAN J. JOHNSON AND KENNETH P. BERNAS |
| Motion No: CA 12-01789 |
| Slip Opinion No: 2012 NY Slip Op 88740(U) |
| Decided on October 19, 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 12-01789
| CAMBRIDGE INTEGRATED SERVICES GROUP,
PLAINTIFF-APPELLANT, V BRIAN J. JOHNSON AND KENNETH P. BERNAS,
DEFENDANTS-RESPONDENTS. |
Respondent Brian J. Johnson 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 13, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David H. Elibol, Esq., sworn to September 20, 2012, the affirmation of Philip C. Barth, III, Esq., dated September 26, 2012, and the notices of motion and cross motion with proof of service thereof, 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 December 18, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 19, 2012
Frances E. Cafarell, Clerk