| CAROLYN MERRILL, CPA V ROMEO'S RESTAURANT OF ROCHESTER, INC. |
| Motion No: CA 15-02008 |
| Slip Opinion No: 2015 NY Slip Op 93800(U) |
| Decided on December 15, 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 15-02008
| CAROLYN MERRILL, CPA, PLAINTIFF-RESPONDENT, V ROMEO'S
RESTAURANT OF ROCHESTER, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 21, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Charles C. Swanekamp, Esq., dated November 30, 2015, the notice of motion with proof of service thereof, and the affidavit of Thomas J. Rzepka, Esq., sworn to December 11, 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 February 16, 2016.
Entered: December 15, 2015
Frances E. Cafarell, Clerk