LYNN RIVERA V MICHAEL L. RIVERA
Motion No: CA 14-00350
Slip Opinion No: 2014 NY Slip Op 66851(U)
Decided on March 13, 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.


March 13, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-00350

LYNN RIVERA, PLAINTIFF-RESPONDENT,

V

MICHAEL L. RIVERA, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 2, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Shari Jo Reich, Esq., dated February 13, 2014, the notice of motion with proof of service thereof, and the affirmation of David J. Pajak, Esq., dated February 24, 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 May 12, 2014.

Entered: March 13, 2014

Frances E. Cafarell, Clerk