| MERCURY CASUALTY COMPANY AS SUBROGEE OF RANDY LEE DOLAN V LUIS F. REYES |
| Motion No: CA 16-01553 |
| Slip Opinion No: 2016 NY Slip Op 87078(U) |
| Decided on September 29, 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 16-01553
| MERCURY CASUALTY COMPANY AS SUBROGEE OF RANDY LEE DOLAN,
PETITIONER-APPELLANT, V LUIS F. REYES, 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 June 14, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John R. Condren, Esq., dated August 30, 2016, the notice of motion with proof of service thereof, and the affirmation of Jason Tenenbaum, Esq., dated September 16, 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 28, 2016.
Entered: September 29, 2016
Frances E. Cafarell, Clerk