DEBRA L. SHERMAN V STEVE J. HEROD
Motion No: CA 15-00326
Slip Opinion No: 2015 NY Slip Op 67447(U)
Decided on March 12, 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.


March 12, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-00326

DEBRA L. SHERMAN, PLAINTIFF-APPELLANT,

V

STEVE J. HEROD, DEFENDANT-RESPONDENT.


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 Erie on November 6, 2014, on the ground that appellant failed to perfect timely the appeal, and

Appellant having cross-moved for an extension of time to perfect the appeal taken from the order entered November 6, 2014,

Now, upon reading and filing the affidavit of Karen J. Krogman, Esq., sworn to February 20, 2015, the affidavit of F. David Rusin, Esq., sworn to February 27, 2015, 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 the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 11, 2015, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: March 12, 2015

Frances E. Cafarell, Clerk