Opinion
DOCKET NO. CA 12-02385
01-23-2013
WAYNE SISTRUNK, PLAINTIFF, v. COUNTY OF ONONDAGA AND MURNANE BUILDING CONTRACTORS, INC., DEFENDANTS. COUNTY OF ONONDAGA, THIRD-PARTY PLAINTIFF, v. M.A. BONGIOVANNI, INC., THIRD-PARTY DEFENDANT. M.A. BONGIOVANNI, INC., FOURTH-PARTY PLAINTIFF-APPELLANT, v. SECURITAS SECURITY SERVICES USA, INC. AND PAUL HUGHES, FOURTH-PARTY DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Onondaga on August 16, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered August 16, 2012,
Now, upon reading and filing the affidavit of Kenneth M. Alweis, Esq., sworn to December 19, 2012, the affirmation of Kenneth M. Alweis, Esq., received January 11, 2013, the affirmation of Donald S. DiBenedetto, Esq., dated January 4, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 25, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk