| PETER HAMMOND V BRUCE W. SMITH |
| Motion No: CA 16-01498 |
| Slip Opinion No: 2016 NY Slip Op 85686(U) |
| Decided on September 13, 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 16-01498
| PETER HAMMOND, PLAINTIFF-APPELLANT, V BRUCE W. SMITH,
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 Monroe on May 27, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark T. Whitford, Jr., Esq., dated August 24, 2016, the notice of motion with proof of service thereof, and the affirmation of Douglas A. Foss, Esq., dated September 2, 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 November 14, 2016.
Entered: September 13, 2016
Frances E. Cafarell, Clerk