SUSAN KOZLOWSKI V UNILAND DEVELOPMENT COMPANY ADF CONSTRUCTION CORPORATION, STIEVATER AND CZAJA, ARCHITECTS, P.C.
Motion No: CA 15-01566
Slip Opinion No: 2015 NY Slip Op 86835(U)
Decided on October 2, 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.


October 2, 2015

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

DOCKET NO. CA 15-01566

SUSAN KOZLOWSKI, PLAINTIFF-RESPONDENT,

V

UNILAND DEVELOPMENT COMPANY, DEFENDANT-APPELLANT, ADF

CONSTRUCTION CORPORATION, STIEVATER AND CZAJA, ARCHITECTS,

P.C., STIEVATER AND ASSOCIATES AND CONCEPT CONSTRUCTION

CORP., DEFENDANTS.


Respondent 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 Erie on April 2, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Russell T. Quinlan, Esq., sworn to September 10, 2015, the notice of motion with proof of service thereof, and the affirmation of H. Ward Hamlin, Jr., Esq., filed September 15, 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 December 1, 2015.

Entered: October 2, 2015

Frances E. Cafarell, Clerk