| JUDITH DIXON AND DONALD DIXON V SUPERIOR DISCOUNTS AND CUSTOM MUFFLER, BY AND THROUGH ITS OFFICERS, AGENTS AND/OR |
| Motion No: CA 13-00871 |
| Slip Opinion No: 2013 NY Slip Op 75970(U) |
| Decided on June 5, 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 13-00871
| JUDITH DIXON AND DONALD DIXON, PLAINTIFFS-APPELLANTS,
V SUPERIOR DISCOUNTS AND CUSTOM MUFFLER, BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, DAWN P. JONES,
INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF SUPERIOR DISCOUNTS AND CUSTOM MUFFLER, SENECA AND
WASHINGTON, L.L.C., BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, JOHN DOE PROPERTY MANAGEMENT CORPORATION,
BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, DEFENDANTS-RESPONDENTS. |
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 January 24, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin E. Hulslander, Esq., sworn to May 10, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to May 23, 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 5, 2013
Frances E. Cafarell, Clerk