JERAD M. ZARNOCH, V ROBERT W. LUCKINA, INDIVIDUALLY AND DOING BUSINESS AS ROB LUCKINA CONSTRUCTION, .
Motion No: CA 13-00824
Slip Opinion No: 2013 NY Slip Op 78357(U)
Decided on June 21, 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 21, 2013

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

DOCKET NO. CA 13-00824

JERAD M. ZARNOCH, PLAINTIFF-RESPONDENT-APPELLANT,

V

ROBERT W. LUCKINA, INDIVIDUALLY AND DOING BUSINESS AS ROB

LUCKINA CONSTRUCTION, DEFENDANT-APPELLANT-RESPONDENT.


Plaintiff having moved for an extension of time to file a respondent's brief and to perfect his appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 14, 2012,

Now, upon reading and filing the affidavit of Edward C. Cosgrove, Esq., sworn to May 30, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and plaintiff shall perfect his appeal and file and serve his respondent's brief on or before July 31, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 21, 2013

Frances E. Cafarell, Clerk