| KELLY BURKE V QUEEN OF HEAVEN ROMAN CATHOLIC ELEMENTARY SCHOOL, QUEEN OF HEAVEN ROMAN CATHOLIC CHURCH THE DIOCESE OF |
| Motion No: CA 16-01204 |
| Slip Opinion No: 2016 NY Slip Op 81298(U) |
| Decided on August 1, 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 16-01204
| KELLY BURKE, PLAINTIFF-RESPONDENT, V QUEEN OF HEAVEN ROMAN
CATHOLIC ELEMENTARY SCHOOL, QUEEN OF HEAVEN ROMAN CATHOLIC CHURCH, DEFENDANTS-APPELLANTS, THE DIOCESE OF BUFFALO, N.Y.,
DEFENDANT. |
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 March 17, 2016, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to July 12, 2016, the affirmation of Thomas J. Speyer, Esq., dated July 28, 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 the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 30, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 1, 2016
Frances E. Cafarell, Clerk