ALLISON PLANTE, ON BEHALF OF HERSELF AND ALL OTHER EMPLOYEES SIMILARLY SITUATED V SOUTH BRISTOL RESORTS LLC
Motion No: CA 15-01248
Slip Opinion No: 2015 NY Slip Op 82088(U)
Decided on August 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.


August 14, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01248

ALLISON PLANTE, ON BEHALF OF HERSELF AND ALL OTHER

EMPLOYEES SIMILARLY SITUATED, PLAINTIFF-RESPONDENT,

V

SOUTH BRISTOL RESORTS LLC, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on March 9, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Justin M. Cordello, Esq., sworn to July 22, 2015, the notice of motion with proof of service thereof, and the affidavit of Valerie L. Barbic, Esq., sworn to August 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 October 13, 2015.

Entered: August 14, 2015

Frances E. Cafarell, Clerk