| JONATHAN T. COOMBS V MICHAEL F. BIANCO, MARCIA E. BIANCO AND FREDERICK W. BIDELL, JR. FREDERICK W. BIDEL, JR., V |
| Motion No: CA 13-01287 |
| Slip Opinion No: 2013 NY Slip Op 82897(U) |
| Decided on August 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., CENTRA, PERADOTTO, AND WHALEN, JJ.
DOCKET NO. CA 13-01287
| JONATHAN T. COOMBS, PLAINTIFF-APPELLANT, V
MICHAEL F. BIANCO, MARCIA E. BIANCO AND FREDERICK W. BIDELL, JR., DEFENDANTS-RESPONDENTS. FREDERICK W. BIDEL, JR.,
DEFENDANT THIRD-PARTY PLAINTIFF, V MARTIN COMBS, DOING BUSINESS AS MARTIN T. COOMBS CONSTRUCTION, THIRD-PARTY
DEFENDANT. |
Defendant Frederick W. Bidel, Jr. having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on March 6, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gary H. Abelson, Esq., dated July 12, 2013, the notice of motion with proof of service thereof, and the affidavit of David A. Shults, Esq., sworn to July 24, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed (see Schraven v Town of Tonawanda, 238 AD2d 952; Bluestein v City of New York, 280 AD2d 506).
Memorandum: The parties have failed to demonstrate that there is currently a valid appeal from a valid order and judgment.
Entered: August 16, 2013
Frances E. Cafarell, Clerk