| ROBERT K. MONETTE AND SHARON M. MONETTE V CHRISTINA L. TRUMMER, JESSE L. BALL AND JIM BALL PONTIAC-BUICK-GMC, INC. |
| Motion No: CA 13-00641 |
| Slip Opinion No: 2013 NY Slip Op 73180(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 13-00641
| ROBERT K. MONETTE AND SHARON M. MONETTE,
PLAINTIFFS-RESPONDENTS, V CHRISTINA L. TRUMMER, JESSE L. BALL, DEFENDANTS, AND JIM BALL PONTIAC-BUICK-GMC, INC.,
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 Cattaraugus on December 5, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Black, Esq., sworn to April 9, 2013, the notice of motion with proof of service thereof, the affidavit of Christopher Turner, Esq., sworn to April 19, 2013, and the affidavit of Kevin M. Habberfield, Esq., sworn to 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