| TAMMY BUTERA, AS PARENT AND NATURAL GUARDIAN OF MICHAEL BUTERA, AN INFANT UNDER THE AGE OF EIGHTEEN V JOSIP DRAKSIC |
| Motion No: CA 14-01067 |
| Slip Opinion No: 2014 NY Slip Op 78555(U) |
| Decided on July 18, 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 14-01067
| TAMMY BUTERA, AS PARENT AND NATURAL GUARDIAN OF
MICHAEL BUTERA, AN INFANT UNDER THE AGE OF EIGHTEEN, PLAINTIFF-APPELLANT, V JOSIP DRAKSIC, DANICA DRAKSIC,
AND LINDA CAITO ALSO KNOWN AS LINDA STEWART ALSO KNOWN AS LINDA REDENBACH,
DEFENDANTS-RESPONDENTS. |
Respondents Josip Draksic and Danica Draksic 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 Erie on March 14, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven P. Curvin, Esq., sworn to June 11, 2014, the notice of motion with proof of service thereof, and the affidavit of Jonathan E. Staehr, Esq., sworn to June 30, 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 16, 2014.
Entered: July 18, 2014
Frances E. Cafarell, Clerk