| FORD MOTOR CREDIT COMPANY V MCCARTHY ACQUISITION CORPORATION DOING BUSINESS AS MCCARTHY, ANTHONY T. MCCARTHY |
| Motion No: CA 13-01085 |
| Slip Opinion No: 2013 NY Slip Op 80003(U) |
| Decided on July 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: CENTRA, J.P., FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-01085
| FORD MOTOR CREDIT COMPANY, PLAINTIFF-APPELLANT,
V MCCARTHY ACQUISITION CORPORATION DOING BUSINESS AS MCCARTHY, ANTHONY T. MCCARTHY, BERNADETTE MCCARTHY,
WINCHESTER AUTO RETAIL, INC., MPDK, LLC DOING BUSINESS AS ADOBE CAR & VAN RENTAL OF TUCSON AND/OR ADOBE CAR AND VAN
RENTALS, LLC, AUTOMOTIVE FLEET LEASING SERVICES DOING BUSINESS AS AUTOMOTIVE FLEET LEASING CO., THOMAS J. PIERONI,
BENTLEY HOLDINGS INC. DOING BUSINESS AS AUTOMOTIVE FLEET LEASING CO.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 22, 2012, and having moved for a stay and other relief,
Now, upon reading and filing the affidavit of Paul Morrison-Taylor, Esq., sworn to June 14, 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 insofar as it seeks an extension of time to perfect the appeal with respect to those parties that are not covered by the bankruptcy stay is granted, and appellant shall perfect the appeal on or before September 3, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Entered: July 18, 2013
Frances E. Cafarell, Clerk