| IN THE MATTER OF CHRISTOPHER SMITH V NEW YORK STATE DIVISION OF HUMAN RIGHTS AND SKF USA, INC. |
| Motion No: CA 15-01794 |
| Slip Opinion No: 2015 NY Slip Op 89059(U) |
| Decided on October 28, 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 15-01794
| IN THE MATTER OF CHRISTOPHER SMITH, PETITIONER-RESPONDENT, V
NEW YORK STATE DIVISION OF HUMAN RIGHTS, RESPONDENT, AND SKF USA, INC., RESPONDENT-APPELLANT. |
Petitioner having moved to dismiss appellant SKF USA, Inc.'s appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on May 7, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William F. Harper, V, Esq., dated October 7, 2015, the notice of motion with proof of service thereof, the affidavit of Paul V. Webb, Jr., Esq., sworn to October 15, 2015, and the affirmation of Marilyn Balcacer, Esq., dated October 20, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and SKF USA, Inc.'s appeal is dismissed without further order unless the appeal is perfected on or before December 28, 2015.
Entered: October 28, 2015
Frances E. Cafarell, Clerk