| JAMES JAIKIN, JR. V BLAISE ENTERPRISES, INC., DOING BUSINESS AS ROYAL MOUNTAIN SKI AREA |
| Motion No: CA 13-01444 |
| Slip Opinion No: 2013 NY Slip Op 89243(U) |
| Decided on October 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. |
DOCKET NO. CA 13-01444
| JAMES JAIKIN, JR., PLAINTIFF-APPELLANT, V BLAISE
ENTERPRISES, INC., DOING BUSINESS AS ROYAL MOUNTAIN SKI AREA, DEFENDANT-RESPONDENT. |
Respondent 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 Herkimer on May 15, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew J. Kelly, Esq., sworn to September 23, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: October 23, 2013
Frances E. Cafarell, Clerk