| JOSEPH M. BRAINARD, INDIVIDUALLY, AND ON BEHALF OF BRAICO ENTERPRISES, LLC V CINDY BARDEN, JOHN BARDEN, DOUBLE DOWN |
| Motion No: CA 16-01261 |
| Slip Opinion No: 2016 NY Slip Op 82129(U) |
| Decided on August 10, 2016 |
| 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. |
DOCKET NO. CA 16-01261
| JOSEPH M. BRAINARD, INDIVIDUALLY, AND ON BEHALF OF BRAICO
ENTERPRISES, LLC, PLAINTIFF-APPELLANT, V CINDY BARDEN, JOHN BARDEN, DOUBLE DOWN TRANSPORT NY INC., DEFENDANTS-RESPONDENTS, ET
AL., DEFENDANTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 6, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William F. Savino, Esq., dated July 20, 2016, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: August 10, 2016
Frances E. Cafarell, Clerk