| MANUFACTURERS AND TRADERS TRUST COM V SPENCERPORT DEVELOPMENT, LLC, RICHARD MICHAEL GOLLEL, - . |
| Motion No: CA 14-01156 |
| Slip Opinion No: 2014 NY Slip Op 78563(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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01156
| MANUFACTURERS AND TRADERS TRUST COM,
PLAINTIFF-RESPONDENT, V SPENCERPORT DEVELOPMENT, LLC, RICHARD MICHAEL GOLLEL, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS. |
Appellant Spencerport Development, LLC having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 19, 2013, and
Respondent having cross-moved to dismiss said appeal for failure to perfect timely the appeal,
Now, upon reading and filing the affidavit of David H. Ealy, Esq., sworn to June 30, 2014, the affirmation of John F. D'Amanda, Esq., dated July 9, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant Spencerport Development, LLC's motion is granted, and appellant shall perfect the appeal on or before September 16, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion is dismissed.
Entered: July 18, 2014
Frances E. Cafarell, Clerk