| MILFRED SAGEER V RASSELAS ASSOCIATES, LLC |
| Motion No: CA 15-01790 |
| Slip Opinion No: 2015 NY Slip Op 90963(U) |
| Decided on November 13, 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 15-01790
| MILFRED SAGEER, PLAINTIFF-APPELLANT, V RASSELAS ASSOCIATES,
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 Onondaga on April 8, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Keith M. Frary, Esq., sworn to October 19, 2015, and November 5, 2015, the notice of motion with proof of service thereof, and the affirmation of Jennifer Caggiano, Esq., dated November 5, 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 January 12, 2016.
Entered: November 13, 2015
Frances E. Cafarell, Clerk