NATASHA D. WALLACE, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF NATHANIEL DEMARIO WALLACE, AN INFANT V M & C

NATASHA D. WALLACE, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF NATHANIEL DEMARIO WALLACE, AN INFANT V M & C

Motion No: CA 16-01090

Slip Opinion No: 2016 NY Slip Op 80297(U)

Decided on July 14, 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.

July 14, 2016

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

DOCKET NO. CA 16-01090

NATASHA D. WALLACE, INDIVIDUALLY AND AS PARENT AND
NATURAL GUARDIAN OF NATHANIEL DEMARIO WALLACE,
AN INFANT, PLAINTIFF-APPELLANT,
V
M & C HOTEL INTERESTS, INC., BUFFALO RHM OPERATING LLC, AND
CDL HOTELS USA, INC., DEFENDANTS-RESPONDENTS.

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 January 12, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Kathleen J. Martin, Esq., dated June 21, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to July 7, 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 September 12, 2016.

Entered: July 14, 2016

Frances E. Cafarell, Clerk