| PAUL MARINACCIO, SR. V TOWN OF CLARENCE |
| Motion No: CA 16-01222 |
| Slip Opinion No: 2016 NY Slip Op 82133(U) |
| Decided on August 10, 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 16-01222
| PAUL MARINACCIO, SR., PLAINTIFF-APPELLANT, V TOWN OF CLARENCE,
DEFENDANT-RESPONDENT. |
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 14, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael P. McClaren, Esq., dated July 15, 2016, the notice of motion with proof of service thereof, and the affidavit of R. Anthony Rupp, III, Esq., sworn to August 3, 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 6, 2016.
Entered: August 10, 2016
Frances E. Cafarell, Clerk