| MARY LOU MALLINGER V ALEX LYON & SON SALES MANAGERS & AUCTIONEERS, INC. YANMAR AMERICA CORPORATION, YANMAR DIESEL |
| Motion No: CA 13-01115 |
| Slip Opinion No: 2013 NY Slip Op 79973(U) |
| Decided on July 16, 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 13-01115
| MARY LOU MALLINGER, PLAINTIFF-APPELLANT, V ALEX
LYON & SON SALES MANAGERS & AUCTIONEERS, INC., DEFENDANT-RESPONDENT, YANMAR AMERICA CORPORATION, YANMAR DIESEL
ENGINE CO., LTD, AND YANMAR CO, LTD, DEFENDANTS. |
Respondent 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 April 3, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mitchell P. Lenczewski, Esq., sworn to June 21, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael A. Bottar, Esq., dated July 11, 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 September 16, 2013.
Entered: July 16, 2013
Frances E. Cafarell, Clerk