ERIC C. PHILLIPS V KARA B. PHILLIPS
Motion No: CA 15-00465
Slip Opinion No: 2015 NY Slip Op 70329(U)
Decided on April 14, 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.


April 14, 2015

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

DOCKET NO. CA 15-00465

ERIC C. PHILLIPS, PLAINTIFF-RESPONDENT,

V

KARA B. PHILLIPS, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 9, 2013, on the ground that the appeal was untimely taken,

Now, upon reading and filing the affidavits of Wendy Lee Gould, Esq., sworn to March 3, 2015, and March 17, 2015, and the notice of 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 (see CPLR 5513).

Entered: April 14, 2015

Frances E. Cafarell, Clerk