DAVID PATANE V STEPHEN C. PERRY, LAURA PERRY ALSO KNOWN AS LAURIE SCHOCKEN, LAURA PARK AND TUCKER HENDERSON
Motion No: CA 12-02397
Slip Opinion No: 2013 NY Slip Op 62399(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.


January 18, 2013

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

DOCKET NO. CA 12-02397

DAVID PATANE, PLAINTIFF-APPELLANT,

V

STEPHEN C. PERRY, LAURA PERRY ALSO KNOWN AS LAURIE

SCHOCKEN, LAURA PARK, DEFENDANTS-RESPONDENTS,

AND TUCKER HENDERSON, DEFENDANT.


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 Oswego on October 9, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of James C. Grosso, Esq., dated December 17, 2012, the notice of motion with proof of service thereof, and the affidavit of Douglas M. McRae, Esq., sworn to 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