| DIANE SPARKS V LARRY FELS, JR., SCHWAN'S HOME SERVICE, INC., AND SCHWAN'S FOOD SERVICE, INC. |
| Motion No: CA 15-00753 |
| Slip Opinion No: 2015 NY Slip Op 75082(U) |
| Decided on June 4, 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 15-00753
| DIANE SPARKS, PLAINTIFF-APPELLANT, V LARRY FELS, JR., SCHWAN'S
HOME SERVICE, INC., AND SCHWAN'S FOOD SERVICE, INC., 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 January 26, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jody E. Briandi, Esq., sworn to April 27, 2015, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., sworn to May 2, 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 August 3, 2015.
Entered: June 4, 2015
Frances E. Cafarell, Clerk