| JAMES J. SMISLOFF V DAVID P. STOTT, JR., 1390 PITTSFORD-MENDON ROAD, LLC, AND NORTHCOAST WINDOW CLEANING LIMITED |
| Motion No: CA 14-00410 |
| Slip Opinion No: 2014 NY Slip Op 67485(U) |
| Decided on March 20, 2014 |
| 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 14-00410
| JAMES J. SMISLOFF, PLAINTIFF-RESPONDENT, V DAVID P.
STOTT, JR., 1390 PITTSFORD-MENDON ROAD, LLC, AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY,
DEFENDANTS-APPELLANTS. DAVID P. STOTT, JR. AND 1390 PITTSFORD-MENDON ROAD, LLC, THIRD-PARTY PLAINTIFF-APPELLANTS,
V GREGG SMISLOFF, THIRD-PARTY DEFENDANT-RESPONDENT. |
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 Monroe on November 27, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jeremy M. Sher, Esq., dated February 28, 2014, the notice of motion with proof of service thereof, and the affidavit of David S. Stern, Esq., sworn to March 7, 2014, 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 May 19, 2014.
Entered: March 20, 2014
Frances E. Cafarell, Clerk