CREGG S. PAUL AND CENTER STREET SMOKEHOUSE, INC. V MATTEO & MULLEN CPAS, THOMAS MATTEO CPA, AS AN INDIVIDUAL, AND
Motion No: CA 12-02231
Slip Opinion No: 2012 NY Slip Op 94156(U)
Decided on December 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.


December 19, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-02231

CREGG S. PAUL AND CENTER STREET SMOKEHOUSE, INC.,

PLAINTIFFS-APPELLANTS,

V

MATTEO & MULLEN CPAS, THOMAS MATTEO CPA, AS

AN INDIVIDUAL, AND JEFFREY MULLEN CPA, AS AN INDIVIDUAL,

DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on August 14, 2012, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Charles C. Swanekamp, Esq., received December 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Mehmet K. Okay, Esq., dated December 14, 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 February 19, 2013.

Entered: December 19, 2012

Frances E. Cafarell, Clerk