MICHAEL A. LAWLER V KST HOLDINGS CORPORATION, KEVIN S. TAILLIE,
Motion No: CA 13-00839
Slip Opinion No: 2013 NY Slip Op 75948(U)
Decided on June 4, 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.


June 4, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00839

MICHAEL A. LAWLER, PLAINTIFF-APPELLANT,

V

KST HOLDINGS CORPORATION, KEVIN S. TAILLIE, ET AL.,

DEFENDANTS-RESPONDENTS.


Respondent Kevin S. Taillie 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 Wayne on March 1, 2013, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Donald R. Adair, Esq., dated May 6, 2013, the affidavit of Kevin Scott Taillie sworn to May 6, 2013, the notice of motion with proof of service thereof, and the affirmation fo Paul A. Sanders, Esq., dated May 15, 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 August 5, 2013.

Entered: June 4, 2013

Frances E. Cafarell, Clerk