| SHANA FUENTES V MARIO BEVIVINO , JOHN A. FRANCO |
| Motion No: CA 16-01166 |
| Slip Opinion No: 2016 NY Slip Op 80305(U) |
| Decided on July 18, 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 16-01166
| SHANA FUENTES, PLAINTIFF-RESPONDENT, V MARIO BEVIVINO, ET AL.,
DEFENDANTS, JOHN A. FRANCO, 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 Oneida on December 15, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Andrew L. Boughrum, Esq., dated June 29, 2016, the notice of motion with proof of service thereof, and the affidavit of Syma S. Azam, Esq., sworn to July 15, 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 16, 2016.
Entered: July 18, 2016
Frances E. Cafarell, Clerk