ALOKE CHAUDHURI V MICHAEL A. JONES, JR.
Motion No: CA 15-02098
Slip Opinion No: 2015 NY Slip Op 95377(U)
Decided on December 31, 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 31, 2015

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

DOCKET NO. CA 15-02098

ALOKE CHAUDHURI, PLAINTIFF-APPELLANT,

V

MICHAEL A. JONES, JR., 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 Monroe on September 29, 2015, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Joseph A. Matteliano, Esq., dated December 14, 2015, the affirmation of Gerard A. Strauss, Esq., dated December 22, 2015, and the notice of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 1, 2016, and

It is further ORDERED that appellant's cross motion is dismissed as unnecessary.

Entered: December 31, 2015

Frances E. Cafarell, Clerk