MADELYNE JERRY AND GULF & WESTERN AERO DEVELOPMENT, LLC V FRED DAVIES, MARC FISHER, AS CO-EXECUTORS OF THE ESTATE OF

MADELYNE JERRY AND GULF & WESTERN AERO DEVELOPMENT, LLC V FRED DAVIES, MARC FISHER, AS CO-EXECUTORS OF THE ESTATE OF

Motion No: CA 14-00988

Slip Opinion No: 2014 NY Slip Op 77146(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.

July 2, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-00988

MADELYNE JERRY AND GULF & WESTERN AERO DEVELOPMENT, LLC,
PLAINTIFFS-RESPONDENTS,
V
FRED DAVIES, MARC FISHER, AS CO-EXECUTORS OF THE ESTATE OF
IRVING H. ROSENBERG, DECEASED, DEFENDANTS-APPELLANTS.
FRED DAVIES, MARC FISHER, AS CO-EXECUTORS OF THE ESTATE OF
IRVING H. ROSENBERG, DECEASED, THIRD-PARTY
PLAINTIFFS-APPELLANTS,
V
JOSEPH JERRY, ESQ. AND MADELYNE JERRY, THIRD-PARTY
DEFENDANTS-RESPONDENTS.

Respondents Gulf & Western Aero Development, LLC, Joseph Jerry, Esq., and Madelyne Jerry having separately 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 13, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Daniel R. Seidberg, Esq., dated June 4, 2014, the affirmation of Michael W. Arthur, Esq., dated June 13, 2014, the affirmation of Suzanne O. Galbato, Esq., dated June 17, 2014, the notice of motion with proof of service thereof, and the affirmations of Martha L. Berry, Esq., dated June 10, 2014, June 11, 2014, and June 21, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 2, 2014.

Entered: July 2, 2014

Frances E. Cafarell, Clerk