| JEAN KOWAL V CARL ROTH, D.O. |
| Motion No: CA 16-00142 |
| Slip Opinion No: 2016 NY Slip Op 64716(U) |
| Decided on February 11, 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. |
DOCKET NO. CA 16-00142
| JEAN KOWAL, PLAINTIFF-APPELLANT, V CARL ROTH, D.O.,
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 Erie on September 25, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Tamsin J. Hager, Esq., sworn to January 21, 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: February 11, 2016
Frances E. Cafarell, Clerk