| CSMC 2007-C1 OSWEGO ROAD, LLC V KIMBROOK ROUTE 31, LLC, PHILIP J. SIMAO, - . |
| Motion No: CA 14-00384 |
| Slip Opinion No: 2014 NY Slip Op 67493(U) |
| Decided on March 21, 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 14-00384
| CSMC 2007-C1 OSWEGO ROAD, LLC, PLAINTIFF-RESPONDENT,
V KIMBROOK ROUTE 31, LLC, PHILIP J. SIMAO, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
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 Onondaga on July 10, 2013, on the ground that appellants failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal from the order entered July 10, 2013,
Now, upon reading and filing the affirmation of Jon T. Powers, Esq., dated February 27, 2014, the affidavit of Stephen A. Donato, Esq., sworn to March 11, 2014, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 21, 2014, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: March 21, 2014
Frances E. Cafarell, Clerk