THOMAS J. PIERONI, WINCHESTER AUTO RETAIL, INC., MPDK, LLC DOING BUSINESS AS ADOBE CAR & TRUCK RENTAL OF TUCSON, ADOBE
Motion No: CA 13-00277
Slip Opinion No: 2013 NY Slip Op 70057(U)
Decided on April 8, 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.


April 8, 2013

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

DOCKET NO. CA 13-00277

THOMAS J. PIERONI, WINCHESTER AUTO RETAIL, INC.,

MPDK, LLC DOING BUSINESS AS ADOBE CAR & TRUCK RENTAL OF

TUCSON, ADOBE CAR & VAN RENTAL OF TUCSON AND/OR ADOBE CAR

AND VAN RENTALS, BENTLEY HOLDINGS, INC. DOING BUSINESS AS

AUTOMOTIVE FLEET LEASING CO., PLAINTIFFS-APPELLANTS,

V

FORD MOTOR CREDIT COMPANY LLC, DEFENDANT-RESPONDENT.


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 Erie on September 18, 2012, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Paul Morrison-Taylor, Esq., sworn to February 7, 2013, the notice of motion with proof of service thereof, and the affidavit of B.P. Oliverio, Esq. sworn to February 27, 2013, 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 June 7, 2013.

Entered: April 8, 2013

Frances E. Cafarell, Clerk