JOHN J. KEENAN V NORMA NOWAK AND PATRICIA MURRETT
Motion No: CA 15-01360
Slip Opinion No: 2015 NY Slip Op 84033(U)
Decided on September 3, 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.


September 3, 2015

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

DOCKET NO. CA 15-01360

JOHN J. KEENAN, PLAINTIFF-APPELLANT,

V

NORMA NOWAK AND PATRICIA MURRETT, DEFENDANTS-RESPONDENTS.


Respondent Patricia Murrett having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 11, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Andrea Schillaci, Esq., dated August 12, 2015, the notice of motion with proof of service thereof, and the affidavit of John J. Keenan, Esq., sworn to August 26, 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 November 2, 2015.

Entered: September 3, 2015

Frances E. Cafarell, Clerk