| HONORABLE JOSEPH J. CASSATA V STATE OF NEW YORK, THOMAS P. DINAPOLI, AS COMPTROLLER OF STATE OF NEW YORK, - . |
| Motion No: CA 13-00640 |
| Slip Opinion No: 2013 NY Slip Op 73172(U) |
| Decided on May 3, 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 13-00640
| HONORABLE JOSEPH J. CASSATA, PLAINTIFF-RESPONDENT,
V STATE OF NEW YORK, THOMAS P. DINAPOLI, AS COMPTROLLER OF STATE OF NEW YORK, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
Respondent 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 Niagara on November 21, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin A. Szanyi, Esq., dated April 9, 2013, the notice of motion with proof of service thereof, and the affirmation of Jeffrey W. Lang, Esq., dated April 25, 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 July 2, 2013.
Entered: May 3, 2013
Frances E. Cafarell, Clerk