SUSAN E. ROSE V KIM A. LEBRETH
Motion No: CA 14-01456
Slip Opinion No: 2014 NY Slip Op 83866(U)
Decided on September 16, 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.


September 16, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01456

SUSAN E. ROSE, PLAINTIFF-APPELLANT,

V

KIM A. LEBRETH, 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 Monroe on May 5, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Michael A. Reddy, Esq., dated August 13, 2014, the notice of motion with proof of service thereof, and the affirmation of Sheldon W. Boyce, Esq., dated August 21, 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 November 17, 2014.

Entered: September 16, 2014

Frances E. Cafarell, Clerk