| THE NEW KAYAK POOL CORPORATION NOW KNOWN AS KAYAK POOL CORPORATION AND KAYAK KATALOGUE CORP. V KAVINOKY COOK LLP AND |
| Motion No: CA 13-02084 |
| Slip Opinion No: 2013 NY Slip Op 94743(U) |
| Decided on December 19, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-02084
| THE NEW KAYAK POOL CORPORATION NOW KNOWN AS KAYAK
POOL CORPORATION AND KAYAK KATALOGUE CORP., PLAINTIFFS-APPELLANTS, V KAVINOKY COOK LLP AND HODGSON RUSS,
LLP, DEFENDANTS-RESPONDENTS. |
Respondents having separately 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 August 28, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to November 27, 2013, the affirmation of Michael A. Brady, Esq., dated November 26, 2013, the notices of motion with proof of service thereof, and the affidavit of Paul F. Jones, Esq., sworn to December 5, 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 February 18, 2014.
Entered: December 19, 2013
Frances E. Cafarell, Clerk