| DENISE CAWTHARD V RICHARD E. SCHREIER AND EUGENE L. POHANCSEK |
| Motion No: CA 14-02063 |
| Slip Opinion No: 2015 NY Slip Op 62493(U) |
| Decided on January 28, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-02063
| DENISE CAWTHARD, PLAINTIFF-APPELLANT, V RICHARD E. SCHREIER,
DEFENDANT-RESPONDENT, AND EUGENE L. POHANCSEK, DEFENDANT. |
Respondent having moved, pursuant to CPLR 5513 (a) and 5515, 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 September 22, 2014, on the ground that appellant failed to serve timely the notice of appeal,
Now, upon reading and filing the affidavit of Robert E. Scott, Esq., sworn to November 14, 2014, and the notice of motion with proof of service thereof, and no papers having been submitted in opposition to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 28, 2015
Frances E. Cafarell, Clerk