| MBBA 2003-A TAX LIEN FINANCE TRUST AND THE BANK OF NEW YORK, AS COLLATERAL AGENT AND CUSTODIAN V DIANE L. KUCHARSKI |
| Motion No: CA 12-02184 |
| Slip Opinion No: 2012 NY Slip Op 93593(U) |
| Decided on December 12, 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 12-02184
| MBBA 2003-A TAX LIEN FINANCE TRUST AND THE BANK OF NEW
YORK, AS COLLATERAL AGENT AND CUSTODIAN, PLAINTIFFS-APPELLANTS, V DIANE L. KUCHARSKI, FRANCIS J. KUCHARSKI,
SERENITY KUCHARSKI, DEFENDANTS-RESPONDENTS, GEDDES SAVINGS AND LOAN ASSOCIATION AND UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE, DEFENDANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 21, 2012, and
Respondents having cross-moved to dismiss appellant's motion,
Now, upon reading and filing the affidavit of Owen M. Robinson, Esq., sworn to November 21, 2012, the affirmations of Donald P. Colella, Esq., dated November 30, 2012, and December 1, 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 appellants shall perfect the appeal on or before February 25, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion is denied.
Entered: December 12, 2012
Frances E. Cafarell, Clerk