| ROBERT SWARTZENBERG V CONWAY BEAM LEASING, INC. AND BEAM MACK & SALES SERVICE, INC. |
| Motion No: CA 16-01613 |
| Slip Opinion No: 2016 NY Slip Op 88338(U) |
| Decided on October 3, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-01613
| ROBERT SWARTZENBERG, PLAINTIFF-APPELLANT, V CONWAY BEAM
LEASING, INC. AND BEAM MACK & SALES SERVICE, INC., DEFENDANTS-RESPONDENTS. |
Respondents 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 17, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Amanda B. Burns, Esq., dated September 13, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to September 29, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 2, 2016.
Entered: October 3, 2016
Frances E. Cafarell, Clerk