| LOREN H. WILMOT V NEW YORK, SUSQUEHANNA & WESTERN RAILWAY, MOHAWK ADIRONDACK & NORTHERN, AND GENESEE VALLEY |
| Motion No: CA 14-00072 |
| Slip Opinion No: 2014 NY Slip Op 63264(U) |
| Decided on February 4, 2014 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00072
| LOREN H. WILMOT, PLAINTIFF-APPELLANT, V NEW YORK,
SUSQUEHANNA & WESTERN RAILWAY, MOHAWK ADIRONDACK & NORTHERN, AND GENESEE VALLEY TRANSPORTATION,
DEFENDANTS-RESPONDENTS. |
Respondent New York Susquehanna & Western Railway having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 10, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Matthew R. Litt, Esq., dated January 13, 2014, the notice of motion with proof of service thereof, and the affidavit of James W. Moseman, Esq., sworn to January 16, 2014, 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 March 31, 2014.
Entered: February 4, 2014
Frances E. Cafarell, Clerk