| NOAH DOOLITTLE V NIXON PEABODY LLP |
| Motion No: CA 14-01089 |
| Slip Opinion No: 2014 NY Slip Op 77122(U) |
| Decided on July 1, 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 14-01089
| NOAH DOOLITTLE, PLAINTIFF-APPELLANT, V NIXON
PEABODY LLP, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 12, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lea T. Nacca, Esq., sworn to June 16, 2014, the notice of motion with proof of service thereof, and the affidavit of Guy A. Talia, Esq., sworn to June 25, 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 September 2, 2014.
Entered: July 1, 2014
Frances E. Cafarell, Clerk