| PIONEER WAREHOUSING AND DISTRIBUTION, LLC V RITE AID OF NEW YORK, INC. |
| Motion No: CA 13-00681 |
| Slip Opinion No: 2013 NY Slip Op 75269(U) |
| Decided on May 24, 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 13-00681
| PIONEER WAREHOUSING AND DISTRIBUTION, LLC,
PLAINTIFF-RESPONDENT, V RITE AID OF NEW YORK, INC., DEFENDANT-APPELLANT. |
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 Onondaga on October 29, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Chaim J. Jaffe, Esq., sworn to April 17, 2013, and May 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael T. Gleason, 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 23, 2013.
Entered: May 24, 2013
Frances E. Cafarell, Clerk