BONNIE YOUNG AND MICHAEL RONDINELLO V BARBARA LACY
Motion No: CA 13-01918
Slip Opinion No: 2013 NY Slip Op 91138(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 13-01918

BONNIE YOUNG AND MICHAEL RONDINELLO,

PLAINTIFFS-RESPONDENTS,

V

BARBARA LACY, DEFENDANT-APPELLANT.


Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 16, 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 and judgment entered July 16, 2013,

Now, upon reading and filing the affirmations of Eugene W. Lane, Esq., dated October 18, 2013, and November 1, 2013, the affirmation of Andrew J. Kowalewski, Esq., dated October 28, 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 respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 7, 2014, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: November 8, 2013

Frances E. Cafarell, Clerk