| NICHOLAS KILMER V DAVID MASTROPIETRO, INDIVIDUALLY AND OR DOING BUSINESS AS FINGER LAKES TRANSPORT, AND DAVID BAKER |
| Motion No: CA 16-00458 |
| Slip Opinion No: 2016 NY Slip Op 69536(U) |
| Decided on April 4, 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 16-00458
| NICHOLAS KILMER, PLAINTIFF-APPELLANT, V DAVID MASTROPIETRO,
INDIVIDUALLY AND OR DOING BUSINESS AS FINGER LAKES TRANSPORT, AND DAVID BAKER,
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 Cayuga on December 24, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Shannon R. Becker, Esq., sworn to March 21, 2016, the affidavit of Karen J. Krogman Daum, Esq., sworn to March 22, 2016, the notices of motion with proof of service thereof, and the affirmations of Eugene W. Lane, Esq., dated March 30, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 4, 2016.
Entered: April 4, 2016
Frances E. Cafarell, Clerk