| JONATHAN ABBOTT V VITO WILLIAM LUCCHETTI, JR., THE MACREPORT.NET, INC., MARCELLUS GROUP, LLC, MARCELLUS GROUP |
| Motion No: CA 12-02371 |
| Slip Opinion No: 2013 NY Slip Op 62389(U) |
| Decided on January 18, 2013 |
| 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 12-02371
| JONATHAN ABBOTT, PLAINTIFF-RESPONDENT, V VITO
WILLIAM LUCCHETTI, JR., THE MACREPORT.NET, INC., MARCELLUS GROUP, LLC, MARCELLUS GROUP CONSTRUCTION, LLC, JA SPA, LLC,
SONO PIZZA & PASTA FACTORY, INC., CROWN MILL RESTORATION DEVELOPMENT, LLC, MACREPORT.NET MEDIA PUBLISHING, INC,
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 Onondaga on August 29, 2012, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Justin D. Howland, Esq., dated December 14, 2012, the notice of motion with proof of service thereof, and the affirmation of David W. Herkala, Esq., dated December 31, 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 March 19, 2013.
Entered: January 18, 2013
Frances E. Cafarell, Clerk