| PATRICIA J. CURTO V MARK DIEHL AND MELISSA SCHMIGEL |
| Motion No: CA 14-01099 |
| Slip Opinion No: 2014 NY Slip Op 78060(U) |
| Decided on July 11, 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 14-01099
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MARK
DIEHL AND MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. |
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 Erie on February 21, 2014, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect said appeal,
Now, upon reading and filing the affirmation of Benjamin R. Wolf, Esq., dated June 6, 2014, the affidavit of Patricia J. Curto, Esq., sworn to June 23, 2014, 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 the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 9, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 11, 2014
Frances E. Cafarell, Clerk