| R & D ELECTRONICS, INC. V NYP MANAGEMENT CO., INC. |
| Motion No: CA 14-01217 |
| Slip Opinion No: 2014 NY Slip Op 79122(U) |
| Decided on July 29, 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 14-01217
| R & D ELECTRONICS, INC., PLAINTIFF-RESPONDENT, V NYP
MANAGEMENT CO., INC., DEFENDANT. NYP AG SERVICES CO., INC. AND DWAYNE GIER,
APPELLANTS. |
Respondent 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 Cattaraugus on April 8, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated July 8, 2014, the notice of motion with proof of service thereof, and the affirmation of John J. Keenan, Esq., dated July 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 29, 2014.
Entered: July 29, 2014
Frances E. Cafarell, Clerk