| DAVID K. BORYSZEWSKI V JOHN E. HENDERSON, GENERAL MOTORS ACCEPTANCE CORPORATION, NIAGARA FRONTIER RECOVERY, LLC AND |
| Motion No: CA 14-01096 |
| Slip Opinion No: 2014 NY Slip Op 77142(U) |
| Decided on July 2, 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 14-01096
DOCKET NO. CA 14-01097
| DAVID K. BORYSZEWSKI, PLAINTIFF-APPELLANT, V JOHN
E. HENDERSON, GENERAL MOTORS ACCEPTANCE CORPORATION, NIAGARA FRONTIER RECOVERY, LLC AND NIAGARA FRONTIER RECOVERY
AND REMARKETING, LLC, DEFENDANTS-RESPONDENTS. DAVID K. BORYSZEWSKI, PLAINTIFF-APPELLANT, V JOHN E. HENDERSON,
GENERAL MOTORS ACCEPTANCE CORPORATION, NIAGARA FRONTIER RECOVERY, LLC AND NIAGARA FRONTIER RECOVERY AND
REMARKETING, LLC, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 21, 2014 (docket No. CA 14-01096), and March 17, 2014 (docket No. CA 14-01097), on the ground that appellant failed to perfect timely the appeals,
Now, upon reading and filing the affirmations of Paul D. McCormick, Esq., dated June 18, 2014, and June 25, 2014, the notice of motion with proof of service thereof, and the affidavit of Jon F. Minear, Esq., sworn to June 23, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before September 2, 2014.
Entered: July 2, 2014
Frances E. Cafarell, Clerk