| JOHN MAJTAN V URBANKE ASSOCIATES, INC. |
| Motion No: CA 13-01675 |
| Slip Opinion No: 2013 NY Slip Op 87145(U) |
| Decided on October 2, 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 13-01675
| JOHN MAJTAN, PLAINTIFF-RESPONDENT, V URBANKE
ASSOCIATES, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on June 21, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michele E. DeTraglia, Esq., sworn to September 13, 2013, the notice of motion with proof of service thereof, and the affirmation of Stephen C. Cunningham, Esq., dated September 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 December 2, 2013.
Entered: October 2, 2013
Frances E. Cafarell, Clerk