| CATHERINE M. HEARY V DENISE HIBIT AND ERIK M. HIBIT |
| Motion No: CA 15-00718 |
| Slip Opinion No: 2015 NY Slip Op 73762(U) |
| Decided on May 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00718
| CATHERINE M. HEARY, PLAINTIFF-RESPONDENT, V DENISE HIBIT AND
ERIK M. HIBIT, DEFENDANTS-APPELLANTS. |
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 February 4, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Sarah P. Rera, Esq., dated April 24, 2015, and May 5, 2015, the notice of motion with proof of service thereof, and the affidavit of Norman E. S. Greene, Esq., sworn to May 1, 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 July 13, 2015.
Entered: May 14, 2015
Frances E. Cafarell, Clerk