| MATTHEW N. PRYOR V JUDITH A. PASTORE AND THOMAS E. PASTORE |
| Motion No: CA 16-00519 |
| Slip Opinion No: 2016 NY Slip Op 70408(U) |
| Decided on April 13, 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 16-00519
| MATTHEW N. PRYOR, PLAINTIFF-RESPONDENT, V JUDITH A. PASTORE
AND THOMAS E. PASTORE, DEFENDANTS-APPELLANTS. |
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 January 4, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel J. Chiacchia, Esq., sworn to March 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Rodger P. Doyle, Jr., Esq., sworn to April 6, 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 13, 2016.
Entered: April 13, 2016
Frances E. Cafarell, Clerk