| CHRISTOPHER CANESTARO JENNIFER TOMCZAK V RAYMOUR AND FLANIGAN FURNITURE COMPANY AND RAYMOURS FURNITURE COMPANY, INC. |
| Motion No: CA 13-01499 |
| Slip Opinion No: 2013 NY Slip Op 85743(U) |
| Decided on September 17, 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 13-01499
| CHRISTOPHER CANESTARO, PLAINTIFF-APPELLANT, JENNIFER
TOMCZAK, PLAINTIFF, V RAYMOUR AND FLANIGAN FURNITURE COMPANY AND RAYMOURS FURNITURE COMPANY, INC.,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Erie on May 21, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Stephen A. Sharkey, Esq., sworn to August 22, 2013, the notice of motion with proof of service thereof, and the affidavit of Thomas S. Lane, Esq., sworn to August 28, 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 November 18, 2013.
Entered: September 17, 2013
Frances E. Cafarell, Clerk