| JOSHUA M. BERNER V JAMES A. LITTLE, GREAT LAKES MOTOR CORP. DOING BUSINESS AS MERCEDES-BENZ OF BUFFALO |
| Motion No: CA 15-00552 |
| Slip Opinion No: 2015 NY Slip Op 70900(U) |
| Decided on April 21, 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 15-00552
| JOSHUA M. BERNER, PLAINTIFF-APPELLANT, V JAMES A. LITTLE, GREAT
LAKES MOTOR CORP. DOING BUSINESS AS MERCEDES-BENZ OF BUFFALO, DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on December 31, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John Wallace, Esq., dated March 31, 2015, the notice of motion with proof of service thereof, and the affidavit of Ellen B. Sturm, Esq., sworn to April 6, 2015, 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 June 22, 2015.
Entered: April 21, 2015
Frances E. Cafarell, Clerk