| JARED N. UNDERBERG V 236 DELAWARE ASSOCIATES, LLC, DOING BUSINESS AS QUOTE , DAN CANE |
| Motion No: CA 16-00422 |
| Slip Opinion No: 2016 NY Slip Op 69542(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 16-00422
| JARED N. UNDERBERG, PLAINTIFF-RESPONDENT, V 236 DELAWARE
ASSOCIATES, LLC, DOING BUSINESS AS QUOTE, ET AL., DEFENDANTS, DAN CANE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 9, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Phyliss A. Hafner, Esq., dated March 16, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael F. McPartlan, Esq., dated March 25, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 3, 2016.
Entered: April 4, 2016
Frances E. Cafarell, Clerk