MARY M. MCELDUFF V TIMOTHY R. MCELDUFF
Motion No: CA 16-00073
Slip Opinion No: 2016 NY Slip Op 62685(U)
Decided on January 26, 2016
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.


January 26, 2016

DOCKET NO. CA 16-00073

MARY M. MCELDUFF, PLAINTIFF-RESPONDENT,

V

TIMOTHY R. MCELDUFF, 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 September 11, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Francis C. Affronti, Esq., dated January 14, 2016, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: January 26, 2016

Frances E. Cafarell, Clerk