| MARCUS QUIROS V FIVE STAR IMPROVEMENTS, INC. |
| Motion No: CA 15-00464 |
| Slip Opinion No: 2015 NY Slip Op 70299(U) |
| Decided on April 13, 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 15-00464
| MARCUS QUIROS, PLAINTIFF-RESPONDENT, V FIVE STAR
IMPROVEMENTS, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 23, 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, and for other relief,
Now, upon reading and filing the affirmation of Raul E. Martinez, Esq., dated March 10, 2015, the affidavit of Alison K. L. Moyer, Esq., sworn to March 23, 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 and cross motion are dismissed on the ground that the appeal has been perfected.
Entered: April 13, 2015
Frances E. Cafarell, Clerk