| JAMES R. FRENCH V DAUN M. SYMBORSKI AND FRANK L. SYMBORSKI |
| Motion No: CA 13-00928 |
| Slip Opinion No: 2013 NY Slip Op 77317(U) |
| Decided on June 18, 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 13-00928
| JAMES R. FRENCH, PLAINTIFF-APPELLANT, V DAUN M.
SYMBORSKI AND FRANK L. SYMBORSKI, 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 March 4, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Destin C. Santacrose, Esq., sworn to May 23, 2013, the notice of motion with proof of service thereof, and the affirmation of Patricia A. Lynn-Ford, Esq., dated June 4, 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 19, 2013.
Entered: June 18, 2013
Frances E. Cafarell, Clerk