| RICHARD P. SMOLSEY V CARROLLS LLC |
| Motion No: CA 15-01700 |
| Slip Opinion No: 2015 NY Slip Op 89006(U) |
| Decided on October 23, 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 15-01700
| RICHARD P. SMOLSEY, PLAINTIFF-APPELLANT, V CARROLLS LLC,
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 July 13, 2015, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Kristin L. Norfleet, Esq., sworn to October 1, 2015, the affirmation of David E. Zukher, Esq., dated October 14, 2015, and the notices of motion and cross 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 further order unless the appeal is perfected on or before December 22, 2015, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 23, 2015
Frances E. Cafarell, Clerk