| NICOLE MANLEY AND DWAYNE MANLEY V RASPBERRIES CAFE & CREAMERY, INC. |
| Motion No: CA 14-01091 |
| Slip Opinion No: 2014 NY Slip Op 77132(U) |
| Decided on July 1, 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 14-01091
| NICOLE MANLEY AND DWAYNE MANLEY,
PLAINTIFFS-RESPONDENTS, V RASPBERRIES CAFE & CREAMERY, INC., DEFENDANT-APPELLANT. |
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 Oneida on November 20, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect said appeal,
Now, upon reading and filing the affidavit of Anthony A. Murad, Esq., sworn to June 13, 2014, the affidavit of James J. Gascon, Esq., sworn to June 25, 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 respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 2, 2014, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: July 1, 2014
Frances E. Cafarell, Clerk