| JOE AND GI, INC. V CHECK RESOLUTION SERVICE, INC. , JIMMY CHEBAT |
| Motion No: CA 14-01617 |
| Slip Opinion No: 2014 NY Slip Op 85146(U) |
| Decided on September 25, 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 14-01617
| JOE AND GI, INC., PLAINTIFF-RESPONDENT, V CHECK
RESOLUTION SERVICE, INC., ET AL., DEFENDANTS, JIMMY CHEBAT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 1, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Margaret A. Hurley, Esq., sworn to September 3, 2014, and September 18, 2014, the notice of motion with proof of service thereof, and the affirmation of Donald A. Alessi, Esq., dated September 13, 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 November 24, 2014.
Entered: September 25, 2014
Frances E. Cafarell, Clerk