| ANTHONY RINE, JR. V MICHAEL QUADT, DOING BUSINESS AS VISTA MOTORS, - . |
| Motion No: CA 16-01698 |
| Slip Opinion No: 2016 NY Slip Op 88389(U) |
| Decided on October 12, 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 16-01698
| ANTHONY RINE, JR., PLAINTIFF-APPELLANT, V MICHAEL QUADT, DOING
BUSINESS AS VISTA MOTORS, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 July 7, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas P. Cunningham, Esq., dated September 22, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., received October 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 December 12, 2016.
Entered: October 12, 2016
Frances E. Cafarell, Clerk