| IN THE MATTER OF JAMES TOMASO V LBR ENTERPRISES LLC, AND MICHAEL ROBERTSON |
| Motion No: CA 18-01210 |
| Slip Opinion No: 2018 NY Slip Op 78196(U) |
| Decided on July 17, 2018 |
| 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 18-01210
| IN THE MATTER OF JAMES TOMASO, PETITIONER-RESPONDENT, V LBR
ENTERPRISES LLC, AND MICHAEL ROBERTSON, RESPONDENTS-APPELLANTS. |
Petitioner having moved to dismiss the appeal taken herein from an order of the Herkimer County Court entered in the Office of the Clerk of the County of Herkimer on April 18, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Norman L. Mastromoro, Esq., dated July 2, 2018, the notice of motion with proof of service thereof, and the affirmation of Karl E. Manne, Esq., dated July 9, 2018, 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 September 17, 2018.
Entered: July 17, 2018
Mark W. Bennett, Clerk