CHERYL A. TORRES V THE ESTATE OF KENNETH SKIVINGTON ALSO KNOWN AS KENNETH A. SKIVINGTON, DECEASED. KYLE R. ANDREWS, IN
Motion No: CA 15-01873
Slip Opinion No: 2015 NY Slip Op 91879(U)
Decided on November 24, 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.


November 24, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01873

CHERYL A. TORRES, PLAINTIFF-RESPONDENT,

V

THE ESTATE OF KENNETH SKIVINGTON ALSO KNOWN AS KENNETH A.

SKIVINGTON, DECEASED. KYLE R. ANDREWS, IN HIS CAPACITY AS

ADMINISTRATOR OF THE ESTATE OF KENNETH SKIVINGTON ALSO

KNOWN AS KENNETH A. SKIVINGTON, DECEASED, ET AL.,

DEFENDANTS, AND PREFERRED MUTUAL INSURANCE COMPANY,

DEFENDANT-APPELLANT.


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 Niagara on July 16, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of David M. Goodman, Esq., sworn to November 4, 2015, and the notice of motion with proof of service thereof, and the affirmation of Sanjeev Devabhakthuni, Esq., dated November 19, 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 25, 2016.

Entered: November 24, 2015

Frances E. Cafarell, Clerk