| JOSEPH M. BRAINARD, INDIVIDUALLY, AND ON BEHALF OF BRAICO ENTERPRISES, LLC V CINDY BARDEN, JOHN BARDEN, DOUBLE DOWN |
| Motion No: CA 17-00824 |
| Slip Opinion No: 2017 NY Slip Op 74137(U) |
| Decided on May 15, 2017 |
| 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 17-00824
| 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 of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 3, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William F. Savino, Esq., sworn to May 1, 2017, the notice of motion with proof of service thereof, and the affidavit of Anthony J. Cervi, Esq,. sworn to May 11, 2017, 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 July 14, 2017.
Entered: May 15, 2017
Frances E. Cafarell, Clerk