| LOUIS J. BILLITTIER, JR. V CHRISTA MARY CLARK |
| Motion No: CA 14-01203 |
| Slip Opinion No: 2014 NY Slip Op 79084(U) |
| Decided on July 25, 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 14-01203
| LOUIS J. BILLITTIER, JR., PLAINTIFF-APPELLANT, V
CHRISTA MARY CLARK, 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 April 3, 2014, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Beverly S. Braun, Esq., dated July 7, 2014, the affirmation of Richard T. Sullivan, Esq., dated July 17, 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 23, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 25, 2014
Frances E. Cafarell, Clerk