| VANESSA CASWELL V BRIAN BARTO , MIKE B. SMITH |
| Motion No: CA 15-00689 |
| Slip Opinion No: 2015 NY Slip Op 86111(U) |
| Decided on June 9, 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. |
DOCKET NO. CA 15-00689
| VANESSA CASWELL, PLAINTIFF-APPELLANT, V BRIAN BARTO, ET AL.,
DEFENDANTS, MIKE B. SMITH, DEFENDANT-RESPONDENT. |
Respondent Mike B. Smith 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 Genesee on October 24, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Keith N. Bond, Esq., sworn to April 21, 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 granted, and the appeal is dismissed without costs.
Entered: June 9, 2015
Frances E. Cafarell, Clerk