| ARIA CONTRACTING CORPORATION AND JAMES F. JERGE, JR. V HISCOCK & BARCLAY, LLP, HISCOCK BARCLAY SAPESTON & DAY AND |
| Motion No: CA 12-01611 |
| Slip Opinion No: 2012 NY Slip Op 91015(U) |
| Decided on November 16, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-01611
| ARIA CONTRACTING CORPORATION AND JAMES F. JERGE, JR.,
PLAINTIFFS-RESPONDENTS, V HISCOCK & BARCLAY, LLP, HISCOCK BARCLAY SAPESTON & DAY AND MICHAEL E. FERDMAN,
ESQ., DEFENDANTS-APPELLANTS. |
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 August 21, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas S. Lane, Esq., dated October 30, 2012, the notice of motion with proof of service thereof, and the affidavit of Terrence M. Connors, Esq., sworn to November 8, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 15, 2012.
Entered: November 16, 2012
Frances E. Cafarell, Clerk