| RICHARD T. ANDREWS, V COUNTY OF CAYUGA, . |
| Motion No: CA 15-01669 |
| Slip Opinion No: 2015 NY Slip Op 88345(U) |
| Decided on October 21, 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 15-01669
| RICHARD T. ANDREWS, PLAINTIFF-RESPONDENT-APPELLANT, V COUNTY
OF CAYUGA, DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff 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 Cayuga on February 5, 2015, on the ground that defendant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to September 29, 2015, the notice of motion with proof of service thereof, and the affidavit of Frank W. Miller, Esq., sworn to October 12, 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 21, 2015.
Entered: October 21, 2015
Frances E. Cafarell, Clerk