| ALFRED MONTEGARI V MARK J. MILLER, DANIEL F. MARTUSCELLO III, AND ANTHONY J. ANNUCCI |
| Motion No: CA 24-01423 |
| Slip Opinion No: 2025 NY Slip Op 71599(U) |
| Decided on June 9, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01423
| ALFRED MONTEGARI, PLAINTIFF-RESPONDENT, V MARK J. MILLER,
DANIEL F. MARTUSCELLO III, AND ANTHONY J. ANNUCCI, DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Oneida County, entered July 19, 2024, and respondent having crossed-moved to dismiss the appeal,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the appellants' motion for an extension of time to perfect the appeal is denied, and,
It is further ORDERED that the respondent's cross-motion to dismiss the appeal as untimely taken is granted (see CPLR 5513 [a]; Avgush v Jerry Fontan, Inc., 167 AD3d 484, 484 ([1st Dept 2018]).
Entered: June 9, 2025
Ann Dillon Flynn
Clerk of the Court