| DANIEL NEVIDOMSKY AND MARYLOU NEVIDOMSKY V KENNETH E. GOLLEY, SR. INDIVIDUALLY AND DOING BUSINESS AS IDAMAN ENTERPRISES |
| Motion No: CA 16-01737 |
| Slip Opinion No: 2016 NY Slip Op 90321(U) |
| Decided on October 31, 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 16-01737
| DANIEL NEVIDOMSKY AND MARYLOU NEVIDOMSKY,
PLAINTIFFS-APPELLANTS, V KENNETH E. GOLLEY, SR. INDIVIDUALLY AND DOING BUSINESS AS IDAMAN ENTERPRISES AND U.S. MATERIAL
HANDLING CORP., DEFENDANTS-RESPONDENTS. |
Respondent U.S. Material Handling Corp. 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 Cayuga on May 2, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. William Savage, Esq., dated September 29, 2016, the notice of motion with proof of service thereof, and the affidavit of Michael G. Bersani, Esq., sworn to October 4, 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, as it relates to respondent U.S. Material Handling Corp., unless the appeal is perfected on or before December 30, 2016.
Entered: October 31, 2016
Frances E. Cafarell, Clerk