| KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES V AMY BERNSTEIN AND RICHARD BERNSTEIN AMY BERNSTEIN, V MALACHI |
| Motion No: CA 15-01154 |
| Slip Opinion No: 2015 NY Slip Op 79135(U) |
| Decided on July 13, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 15-01154
| KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES,
PLAINTIFF-APPELLANT, V AMY BERNSTEIN AND RICHARD BERNSTEIN, DEFENDANTS-RESPONDENTS. AMY BERNSTEIN, THIRD-PARTY
PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. RICHARD BERNSTEIN, THIRD-PARTY
PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on September 2, 2014,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to June 29, 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 is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: July 13, 2015
Frances E. Cafarell, Clerk