LUCIA TERCILIO V FREDDY POLL-DELGADO
Motion No: CA 15-02035
Slip Opinion No: 2015 NY Slip Op 94852(U)
Decided on December 22, 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.


December 22, 2015

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

DOCKET NO. CA 15-02035

LUCIA TERCILIO, PLAINTIFF-APPELLANT,

V

FREDDY POLL-DELGADO, 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 July 23, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of David H. Walsh, Esq., dated November 30, 2015, the notice of motion with proof of service thereof, and the affidavit of Jose E. Perez, Esq., sworn to December 17, 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 22, 2016.

Entered: December 22, 2015

Frances E. Cafarell, Clerk