| DELORES FOREST, AS REPRESENTATIVE OF THE ESTATE OF JEFFREY BORDEAUX, JR., DECEASED V UNIVERSITY OF ROCHESTER, DELTA |
| Motion No: CA 16-01745 |
| Slip Opinion No: 2016 NY Slip Op 88898(U) |
| Decided on October 17, 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 16-01745
| DELORES FOREST, AS REPRESENTATIVE OF THE ESTATE OF JEFFREY BORDEAUX,
JR., DECEASED, PLAINTIFF-APPELLANT, V UNIVERSITY OF ROCHESTER, DELTA UPSILON, AN INTERNATIONAL FRATERNITY, DELTA UPSILON
ROCHESTER CHAPTER, DEFENDANTS-RESPONDENTS, AND DAREN VENABLE, DEFENDANT. |
Respondents having moved and cross-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 July 5, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Harold A. Kurland, Esq., dated October 3, 2016, the affirmation of Melanie S. Wolk, Esq., dated October 5, 2016, the notices of motion and cross motion with proof of service thereof, and the affirmation of Jonathan R. Goldman, Esq., dated October 11, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion and cross-motion are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 16, 2016.
Entered: October 17, 2016
Frances E. Cafarell, Clerk