| DOROTHY SLOMCZEWSKI V JAMES A. ROSS, AMY A. LINEHAN AND ACEA MOSEY, PUBLIC ADMINISTRATOR OF THE ESTATE OF ASSUNTA ROSS |
| Motion No: CA 16-00574 |
| Slip Opinion No: 2016 NY Slip Op 71947(U) |
| Decided on April 25, 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 16-00574
| DOROTHY SLOMCZEWSKI, PLAINTIFF-RESPONDENT, V JAMES A. ROSS,
AMY A. LINEHAN AND ACEA MOSEY, PUBLIC ADMINISTRATOR OF THE ESTATE OF ASSUNTA ROSS, DECEASED,
DEFENDANTS-APPELLANTS. |
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 January 19, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Terrence P. Higgins, Esq., dated April 6, 2016, the notice of motion with proof of service thereof, and the affirmation of H. Ward Hamlin, Jr., Esq., dated April 18, 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 24, 2016.
Entered: April 25, 2016
Frances E. Cafarell, Clerk