| MICHAEL BROOKS V GEORGE P. HARDIN MICHAEL COMSTOCK AND F T WELL SUPPORT, LLC |
| Motion No: CA 12-01838 |
| Slip Opinion No: 2012 NY Slip Op 89703(U) |
| Decided on November 7, 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 12-01838
| MICHAEL BROOKS, PLAINTIFF-RESPONDENT, V GEORGE P.
HARDIN, DEFENDANT, MICHAEL COMSTOCK AND F T WELL SUPPORT, LLC,
DEFENDANTS-APPELLANTS. |
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 Steuben on May 17, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael A. Donlon, Esq., sworn to September 26, 2012, the notice of motion with proof of service thereof, and the affirmation of Laurie A. Giordano, Esq., dated October 24, 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 January 7, 2013.
Entered: November 7, 2012
Frances E. Cafarell, Clerk