| MAGGIE D. ARRINGTON V LARRY COHEN |
| Motion No: CA 16-01369 |
| Slip Opinion No: 2016 NY Slip Op 83619(U) |
| Decided on August 24, 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 16-01369
| MAGGIE D. ARRINGTON, PLAINTIFF-RESPONDENT, V LARRY COHEN,
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 April 6, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew J. Kaiser, Esq., sworn to August 8, 2016, the notice of motion with proof of service thereof, and the affirmation of Benjamin R. Wolf, Esq., dated August 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 October 24, 2016.
Entered: August 24, 2016
Frances E. Cafarell, Clerk