MICHAEL J. STACHOWSKI, AS GUARDIAN OF THE PROPERTY OF TAQUILO CASTELLANOS, AN INFANT ROGELIO CASTELLANOS, JR.
Motion No: CA 16-00751
Slip Opinion No: 2016 NY Slip Op 74565(U)
Decided on May 19, 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.


May 19, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00751

MICHAEL J. STACHOWSKI, AS GUARDIAN OF THE PROPERTY OF

TAQUILO CASTELLANOS, AN INFANT, PLAINTIFF-RESPONDENT,

ROGELIO CASTELLANOS, JR., INDIVIDUALLY, AND AS PARENT AND

NATURAL GUARDIAN OF TAQUILO CASTELLANOS, AN INFANT,

PLAINTIFF, TAQUILO CASTELLANOS, AN INFANT, PLAINTIFF-RESPONDENT,

V

UNITED FRONTIER MUTUAL INSURANCE CO, 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 Erie on February 1, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Arthur A. Herdzik, Esq., dated April 28, 2016, the notice of motion with proof of service thereof, and the affirmation of Adam R. Durst, Esq., dated May 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 July 5, 2016.

Entered: May 19, 2016

Frances E. Cafarell, Clerk