| BRUCE D. HOLSCHER V DAVID MORSE AND DIANNE MORSE |
| Motion No: CA 15-00780 |
| Slip Opinion No: 2015 NY Slip Op 74322(U) |
| Decided on May 22, 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 15-00780
| BRUCE D. HOLSCHER, PLAINTIFF-APPELLANT, V DAVID MORSE AND
DIANNE MORSE, 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 Erie on December 24, 2014, on the ground that the notice of appeal is defective and untimely, or, in the alternative, on the ground that appellant failed to timely perfect,
Now, upon reading and filing the affirmation of Jeffrey P. Reisner, Esq., dated May 5, 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 insofar as it seeks to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the motion is otherwise denied.
Entered: May 22, 2015
Frances E. Cafarell, Clerk