| NANCY J. BRADY AND PATRICK J. BRADY V TIMOTHY J. CONTANGELO |
| Motion No: CA 16-00571 |
| Slip Opinion No: 2016 NY Slip Op 71928(U) |
| Decided on April 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 16-00571
| NANCY J. BRADY AND PATRICK J. BRADY, PLAINTIFFS-RESPONDENTS,
V TIMOTHY J. CONTANGELO, DEFENDANT-APPELLANT. |
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 Niagara on December 29, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Carey C. Beyer, Esq., sworn to April 4, 2016, the notice of motion with proof of service thereof, and the affidavit of Jennifer J. Phillips, Esq., sworn to April 13, 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 May 23, 2016.
Entered: April 22, 2016
Frances E. Cafarell, Clerk