| AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC V BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC |
| Motion No: CA 13-00507 |
| Slip Opinion No: 2013 NY Slip Op 70711(U) |
| Decided on April 12, 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 13-00507
| AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER
ASSET SUB II, LLC, PLAINTIFFS-RESPONDENTS, V BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC,
DEFENDANT-APPELLANT. |
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 Erie on August 3, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William Aumenta, Esq., dated March 20, 2013, the notice of motion with proof of service thereof, and the affirmation of Thomas J. Gaffney, Esq., dated March 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 11, 2013.
Entered: April 12, 2013
Frances E. Cafarell, Clerk