| EMILY GRIFFITHS V NEW YORK STATE ELECTRIC & GAS CORP., ENERGY EAST CORP., IBERDROLA, USA, INC., BRIAN SPOTH, RAYMOND |
| Motion No: CA 14-01848 |
| Slip Opinion No: 2014 NY Slip Op 89435(U) |
| Decided on November 7, 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 14-01848
| EMILY GRIFFITHS, PLAINTIFF-APPELLANT, V NEW YORK
STATE ELECTRIC & GAS CORP., ENERGY EAST CORP., IBERDROLA, USA, INC., BRIAN SPOTH, RAYMOND WYANT AND RICHARD CLANCY, AS
AIDERS AND ABETTORS, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 17, 2013, and
Respondents having cross-moved to dismiss the appeal from the order entered December 17, 2013, on the ground that appellant failed to perfect timely the appeal, pursuant to 22 NYCRR 1000.12 (b),
Now, upon reading and filing the affirmations of Diane V. Bruns, Esq., dated October 14, 2014, and October 23, 2014, the affidavit of Leslie P. Guy, Esq., sworn to October 22, 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 appellant's motion is granted, and appellant shall perfect the appeal on or before December 15, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondents' cross motion is dismissed.
Entered: November 7, 2014
Frances E. Cafarell, Clerk