| KIM M. FRAGALE V LIBERTY MUTUAL GROUP, INC. |
| Motion No: CA 14-01115 |
| Slip Opinion No: 2014 NY Slip Op 77144(U) |
| Decided on July 2, 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 14-01115
| KIM M. FRAGALE, PLAINTIFF-APPELLANT, V LIBERTY
MUTUAL GROUP, INC., DEFENDANT-RESPONDENT. |
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 Erie on March 18, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elise L. Cassar, Esq., sworn to June 16, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: July 2, 2014
Frances E. Cafarell, Clerk