SUZANNE ODDO V TOPS MARKETS AND TOPS MARKETS, LLC
Motion No: CA 16-00391
Slip Opinion No: 2016 NY Slip Op 68895(U)
Decided on March 29, 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.


March 29, 2016

DOCKET NO. CA 16-00391

SUZANNE ODDO, PLAINTIFF-APPELLANT,

V

TOPS MARKETS AND TOPS MARKETS, LLC, DEFENDANTS-RESPONDENTS.


Respondents 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 December 18, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Harry T. Dixon, Jr., Esq., sworn to March 9, 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: March 29, 2016

Frances E. Cafarell, Clerk