THOMAS G. MOTT, JR. V STRONGBUILT INC. BASS PRO OUTDOOR WORLD, LLC, BASS PRO, INC., BASS PRO CATALOG, LP, BPS CATALOG
Motion No: CA 14-01283
Slip Opinion No: 2014 NY Slip Op 81150(U)
Decided on August 19, 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.


August 19, 2014

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

DOCKET NO. CA 14-01283

THOMAS G. MOTT, JR., PLAINTIFF-APPELLANT,

V

STRONGBUILT INC., DEFENDANT,

BASS PRO OUTDOOR WORLD, LLC, BASS PRO, INC., BASS PRO

CATALOG, LP, BPS CATALOG, LP NOW KNOWN AS BPS DIRECT, INC.,

DEFENDANTS-RESPONDENTS.


Respondents 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 Erie on March 26, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Craig A. Leslie, Esq., sworn to July 15, 2014, the notice of motion with proof of service thereof, and the affidavit of Samuel J. Capizzi, Esq., sworn to July 30, 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 October 20, 2014.

Entered: August 19, 2014

Frances E. Cafarell, Clerk