LUZ ALVARADO V WEGMANS FOOD MARKETS, INC.
Motion No: CA 15-00518
Slip Opinion No: 2015 NY Slip Op 70867(U)
Decided on April 16, 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 16, 2015

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

DOCKET NO. CA 15-00518

LUZ ALVARADO, PLAINTIFF-APPELLANT,

V

WEGMANS FOOD MARKETS, INC., 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 Monroe on January 5, 2015, 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 January 5, 2015,

Now, upon reading and filing the affirmations of Janice M. Iati, Esq., dated March 23, 2015, and April 6, 2015, the affidavit of C. Daniel McGillicuddy, Esq., sworn to March 31, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 15, 2015, and

It is further ORDERED that appellant's cross motion is dismissed as unnecessary.

Entered: April 16, 2015

Frances E. Cafarell, Clerk