PRESENT: SCUDDER, P. J., SMITH, PERADOTTO, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 14-01251

WELLS FARGO BANK, N.A., PLAINTIFF-RESPONDENT, V KEVIN PATRICK BRADY, DEFENDANT-APPELLANT.

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 April 24, 2014, on the ground that appellant failed to perfect timely the appeal, and

Appellant having moved for reargument and reconsideration of this Court's order entered August 27, 2014, for vacatur of certain judgments, for sanctions and costs, and for other relief,

Now, upon reading and filing the affirmation of Jonathan E. Samon, Esq., dated September 8, 2014, the affidavit of Kevin Patrick Brady sworn to September 17, 2014, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without prejudice to appellant making a timely motion to vacate dismissal of the appeal that demonstrates, among other things, an intent to perfect the appeal within a reasonable time (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that appellant's motion is denied.

Entered: October 29, 2014

Frances E. Cafarell, Clerk