| IN THE MATTER OF RICCELLI ENTERPRISES, INC., RICCELLI TRUCKING, INC. AND SYRACUSE SAND AND GRAVEL, INC. V STATE OF NEW |
| Motion No: CA 13-00761 |
| Slip Opinion No: 2013 NY Slip Op 75270(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 13-00761
| IN THE MATTER OF RICCELLI ENTERPRISES, INC., RICCELLI
TRUCKING, INC. AND SYRACUSE SAND AND GRAVEL, INC., PETITIONERS-RESPONDENTS, V STATE OF NEW YORK WORKERS'
COMPENSATION BOARD AND ROBERT E. BELOTEN, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD,
RESPONDENTS-APPELLANTS. |
Petitioners-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 Onondaga on August 14, 2012, on the ground that respondents-appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Shelly L. DiBenedetto, Esq., dated April 26, 2013, the notice of motion with proof of service thereof, and the affirmation of Jeffrey W. Lang, Esq., dated May 2, 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