Opinion
DOCKET NO. CA 13-01115
07-16-2013
MARY LOU MALLINGER, PLAINTIFF-APPELLANT, v. ALEX LYON & SON SALES MANAGERS & AUCTIONEERS, INC., DEFENDANT-RESPONDENT, YANMAR AMERICA CORPORATION, YANMAR DIESEL ENGINE CO., LTD, AND YANMAR CO, LTD, DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 Onondaga on April 3, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mitchell P. Lenczewski, Esq., sworn to June 21, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael A. Bottar, Esq., dated July 11, 2013, 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 16, 2013.
Frances E. Cafarell, Clerk