| STEVEN NEUMANN V DHU PRODUCTIONS, LLC |
| Motion No: CA 16-00773 |
| Slip Opinion No: 2016 NY Slip Op 75236(U) |
| Decided on May 26, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-00773
| STEVEN NEUMANN, PLAINTIFF-RESPONDENT, V DHU PRODUCTIONS, LLC,
DEFENDANT-APPELLANT. |
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 7, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to May 4, 2016, the affidavit of Joseph A. Matteliano, Esq., sworn to May 12, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 25, 2016, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: May 26, 2016
Frances E. Cafarell, Clerk