| STEPHEN DIVITO V ZASTAWRNY LLC |
| Motion No: CA 14-01668 |
| Slip Opinion No: 2014 NY Slip Op 88900(U) |
| Decided on October 31, 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 14-01668
| STEPHEN DIVITO, PLAINTIFF-APPELLANT, V ZASTAWRNY LLC,
DEFENDANT-RESPONDENT. |
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 Monroe on June 16, 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 from the order entered June 16, 2014,
Now, upon reading and filing the affidavit of Victoria S. Gleason, Esq., sworn to September 17, 2014, the affidavit of David D. Benz, Esq., sworn to October 3, 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 December 30, 2014, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: October 31, 2014
Frances E. Cafarell, Clerk