FISSURE PARTNERS LLC V MAXIMUS HILL LLC RICHARD FERGUSON VLADIMIR SHNEYDER, RAY ENTERPRISES LLC, - .
Motion No: CA 13-01908
Slip Opinion No: 2013 NY Slip Op 91132(U)
Decided on November 8, 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.


November 8, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01908

FISSURE PARTNERS LLC, PLAINTIFF-RESPONDENT,

V

MAXIMUS HILL LLC, DEFENDANT, RICHARD FERGUSON,

DEFENDANT-APPELLANT, VLADIMIR SHNEYDER,

RAY ENTERPRISES LLC, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


Defendants-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 Monroe on June 26, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Sanjeev Devabhakthuni, Esq., dated October 24, 2013, the notice of motion with proof of service thereof, and the affidavit of Derrick A. Spatorico, Esq., sworn to October 30, 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 January 7, 2014.

Entered: November 8, 2013

Frances E. Cafarell, Clerk