| IN THE MATTER OF THE HERTZ CORPORATION AND HERTZ VEHICLES, LLC V CITY OF SYRACUSE, ONONDAGA COUNTY DISTRICT ATTORNEY |
| Motion No: CA 12-01956 |
| Slip Opinion No: 2012 NY Slip Op 89672(U) |
| Decided on November 2, 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 12-01956
| IN THE MATTER OF THE HERTZ CORPORATION AND HERTZ
VEHICLES, LLC, PETITIONERS-RESPONDENTS, V CITY OF SYRACUSE, ONONDAGA COUNTY DISTRICT ATTORNEY, SYRACUSE POLICE
DEPARTMENT, RESPONDENTS, AND JOHN'S AUTO BODY SERVICE, LLC, RESPONDENT-APPELLANT. |
Petitioners 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 July 5, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered, July 5, 2012, and for other relief,
Now, upon reading and filing the affidavit of Corey A. DeCresenza, Esq., sworn to October 5, 2012, the affirmation of John W. Brandt, Esq., dated October 17, 2012, and the notices of 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 January 2, 2013, and
It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary, and the cross motion is otherwise denied.
Entered: November 2, 2012
Frances E. Cafarell, Clerk