| ROBERT D. CRAIN V BILL E. MANNISE AND CYNTHIA L. MANNISE WILLIAM E. MANNISE AND CYNTHIA L. MANNISE, V MICHAEL A. |
| Motion No: CA 14-00673 |
| Slip Opinion No: 2014 NY Slip Op 70759(U) |
| Decided on April 29, 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 14-00673
| ROBERT D. CRAIN, PLAINTIFF-APPELLANT, V BILL E.
MANNISE AND CYNTHIA L. MANNISE, DEFENDANTS-RESPONDENTS. WILLIAM E. MANNISE AND CYNTHIA L. MANNISE, DEFENDANTS
THIRD-PARTY PLAINTIFFS, V MICHAEL A. ARCURI, THIRD-PARTY DEFENDANT. |
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 Onondaga on January 16, 2014, 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 taken from the order entered January 16, 2014,
Now, upon reading and filing the affidavit of Teresa M. Bennett, Esq., sworn to April 9, 2014, the affirmation of Thomas Bezigian, Jr., Esq., dated April 15, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had
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 30, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: April 29, 2014
Frances E. Cafarell, Clerk