| CAROL DURNEY V PETER J. MCQUILLEN AND JUDITH M. MCQUILLEN, |
| Motion No: CA 14-01844 |
| Slip Opinion No: 2014 NY Slip Op 91080(U) |
| Decided on November 21, 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 14-01844
| CAROL DURNEY, PLAINTIFF-APPELLANT, V PETER J.
MCQUILLEN AND JUDITH M. MCQUILLEN, ET AL., DEFENDANTS-RESPONDENTS. |
Respondents 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 Genesee on June 6, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Benjamin J. Bonarigo, Sr., Esq., sworn to September 24, 2014, the notice of motion with proof of service thereof, and the affirmation of Amy K. Kendall, Esq., dated November 5, 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 January 5, 2015.
Entered: November 21, 2014
Frances E. Cafarell, Clerk