| ARTHUR GERBER DOING BUSINESS AS NOOTEN SCALE SERVICE V EMPIRE SCALE DOING BUSINESS AS PRECISION SCALE & BALANCE |
| Motion No: CA 15-00185 |
| Slip Opinion No: 2015 NY Slip Op 64156(U) |
| Decided on February 13, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00185
| ARTHUR GERBER DOING BUSINESS AS NOOTEN SCALE SERVICE,
PLAINTIFF-APPELLANT, V EMPIRE SCALE DOING BUSINESS AS PRECISION SCALE & BALANCE,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 2, 2014, and
Respondent having cross-moved to dismiss the appeal for failure to perfect timely the appeal from the order and judgment entered April 2, 2014,
Now, upon reading and filing the affidavits of Angelo T. Calleri, Esq., sworn to January 23, 2015, and February 6, 2015, the affirmation of Candace M. Curran, Esq., dated February 3, 2015, 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 appellant's motion is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]), and
It is further ORDERED that respondent's cross motion is dismissed as unnecessary.
Entered: February 13, 2015
Frances E. Cafarell, Clerk