| DONNA SIDOTI DOING BUSINESS AS DM FINANCIAL SERVICES V SUNBURST ASSOCIATES, INC. FRED BABBINO |
| Motion No: CA 13-01265 |
| Slip Opinion No: 2013 NY Slip Op 81196(U) |
| Decided on July 31, 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 13-01265
| DONNA SIDOTI DOING BUSINESS AS DM FINANCIAL SERVICES,
PLAINTIFF-RESPONDENT, V SUNBURST ASSOCIATES, INC., DEFENDANT, FRED BABBINO,
DEFENDANT-APPELLANT. |
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 Wayne on September 21, 2012, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Vaisey, Esq., sworn to July 12, 2013, the notice of motion with proof of service thereof, the affidavit of Dennis F. Irwin, Esq., sworn to July 24, 2013, and the affidavit of Fred Babbino sworn to July 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 September 30, 2013.
Entered: July 31, 2013
Frances E. Cafarell, Clerk