| COUNTRY PARK CHILD CARE, INC. V SMARTDESIGN ARCHITECTURE PLLC AND TODD AUDSLEY |
| Motion No: CA 14-01200 |
| Slip Opinion No: 2014 NY Slip Op 78557(U) |
| Decided on July 18, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01200
| COUNTRY PARK CHILD CARE, INC., PLAINTIFF-APPELLANT,
V SMARTDESIGN ARCHITECTURE PLLC AND TODD AUDSLEY, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 28, 2014, and
Respondents having cross-moved to dismiss said appeal for failure to perfect timely the appeal,
Now, upon reading and filing the affirmation of Alan J. Bozer, Esq., dated July 1, 2014, the affirmation of John G. Horn, Esq., dated July 9, 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 appellant's motion is granted, and appellant shall perfect the appeal on or before August 28, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondents' cross motion is dismissed.
Entered: July 18, 2014
Frances E. Cafarell, Clerk