| ROBERT W. HENDERSON V ASA A. WILLIAMS, JR. |
| Motion No: CA 15-01587 |
| Slip Opinion No: 2015 NY Slip Op 86886(U) |
| Decided on October 6, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01587
| ROBERT W. HENDERSON, PLAINTIFF-APPELLANT, V ASA A. WILLIAMS,
JR., DEFENDANT-RESPONDENT. |
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 Oswego on October 1, 2014, on the ground that appellant failed to timely perfect the appeal,
Now, upon reading and filing the affidavit of David E. Leach, Esq., sworn to September 18, 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 on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR1000.12 [b]).
Entered: October 6, 2015
Frances E. Cafarell, Clerk