| ROGER PASQUARELLA AND 2030 ELMWOOD AVENUE, INC. V 1525 WILLIAM STREET, LLC |
| Motion No: CA 13-01334 |
| Slip Opinion No: 2013 NY Slip Op 87110(U) |
| Decided on September 27, 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 13-01334
| ROGER PASQUARELLA AND 2030 ELMWOOD AVENUE, INC.,
PLAINTIFFS-RESPONDENTS, V 1525 WILLIAM STREET, LLC, DEFENDANT-APPELLANT. |
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 23, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered May 23, 2013,
Now, upon reading and filing the affirmation of Thomas R. Augello, Esq., dated September 4, 2013, the affidavit of Richard J. Steiner, Esq., sworn to September 16, 2013, and the notices of motion and cross motion with proof of service thereof, 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 26, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: September 27, 2013
Frances E. Cafarell, Clerk