| CHARLES DOWNING V SALLY T. LUSBY, AARON P. LUSBY, ERIC D. LUSBY, SCOTT N. LUSBY, AND STATE FARM MUTUAL AUTOMOBILE |
| Motion No: CA 15-00149 |
| Slip Opinion No: 2015 NY Slip Op 63142(U) |
| Decided on February 4, 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. |
DOCKET NO. CA 15-00149
| CHARLES DOWNING, PLAINTIFF-RESPONDENT, V SALLY T. LUSBY,
AARON P. LUSBY, ERIC D. LUSBY, SCOTT N. LUSBY, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
DEFENDANTS-APPELLANTS. |
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 August 13, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Adrian Neil, Esq., dated January 16, 2015, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: February 4, 2015
Frances E. Cafarell, Clerk