| 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 83690(U) |
| Decided on August 23, 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. |
Defendants Michael F. Bianco and Marcia E. Bianco 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 Jodie L. Ryan, Esq., dated July 31, 2013, the notice of motion with proof of service thereof, and the affidavit of David A. Shults, Esq., sworn to August 8, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed for the reasons set forth in this Court's order entered on August 16, 2013.
Entered: August 23, 2013
Frances E. Cafarell, Clerk