| WILLIAM W. CUVA V ADESA NEW YORK, LLC, ROBERT E. PADDEN, CREDIT ACCEPTANCE CORPORATION |
| Motion No: CA 15-00553 |
| Slip Opinion No: 2015 NY Slip Op 73810(U) |
| Decided on May 20, 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 15-00553
| WILLIAM W. CUVA, PLAINTIFF-RESPONDENT, V ADESA NEW YORK, LLC,
ROBERT E. PADDEN, CREDIT ACCEPTANCE CORPORATION, DEFENDANTS-APPELLANTS. |
Appellants having moved for a stay of trail pending the hearing and determination of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 2, 2014, and respondent having cross-moved to dismiss the appeal on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Matthew S. Lerner, Esq., dated March 30, 2015, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey A. Perla, Esq., dated April 7, 2015, the notice of cross motion with proof of service thereof, the reply affirmation of Patrick B. Naylon, Esq., dated April 17, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the cross motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 20, 2015.
Entered: May 20, 2015
Frances E. Cafarell, Clerk