| JEFFREY NOVAK V FREDERICK D. HICKS, DMD, - . |
| Motion No: CA 14-01252 |
| Slip Opinion No: 2014 NY Slip Op 81151(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01252
| JEFFREY NOVAK, PLAINTIFF-APPELLANT, V FREDERICK D.
HICKS, DMD, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 Wayne on March 31, 2014, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal and for other relief,
Now, upon reading and filing the affidavit of Gordon D. Tresch, Esq., sworn to July 8, 2014, the affidavit of Laurence M. Karz, Esq., sworn to July 18, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 20, 2014, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: August 19, 2014
Frances E. Cafarell, Clerk