| HEATHER M. MITCHELL V MCKINLEY MALL, LLC, STOLTZ MANAGEMENT OF DELAWARE, INC., AFP GROUP, INC. |
| Motion No: CA 16-00141 |
| Slip Opinion No: 2016 NY Slip Op 68174(U) |
| Decided on March 22, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00141
| HEATHER M. MITCHELL, PLAINTIFF-RESPONDENT, V MCKINLEY MALL,
LLC, STOLTZ MANAGEMENT OF DELAWARE, INC., AFP GROUP, INC., DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2015, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of J. Michael Jayes, Esq., dated January 19, 2016, the notice of motion with proof of service thereof, the affirmation of Michael A. Riehler, Esq., dated March 17, 2016, and the affirmation of Erin E., Molisani, Esq., dated March 17, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before May 23, 2016.
Entered: March 22, 2016
Frances E. Cafarell, Clerk