| GERBER HOMES & ADDITIONS, LLC V MARK LANG |
| Motion No: CA 16-01349 |
| Slip Opinion No: 2016 NY Slip Op 83580(U) |
| Decided on August 22, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01349
| GERBER HOMES & ADDITIONS, LLC, PETITIONER-RESPONDENT, V MARK
LANG, RESPONDENT-APPELLANT. |
Petitioner-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 May 4, 2016, 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,
Now, upon reading and filing the affidavits of Michael Wegman, Esq., sworn to August 9, 2016, and August 19, 2016, the affidavit of Mark Lang sworn to August 16, 2016, and the notices of motion and cross motoin with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that petititoner-respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 21, 2016, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: August 22, 2016
Frances E. Cafarell, Clerk