| BERNICE MALCOLM V CHRISTINA A. AGOLA, PLLC AND CHRISTINA A. AGOLA |
| Motion No: CA 15-00190 |
| Slip Opinion No: 2016 NY Slip Op 90926(U) |
| Decided on November 7, 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 15-00190
| BERNICE MALCOLM, PLAINTIFF-APPELLANT, V CHRISTINA A. AGOLA,
PLLC AND CHRISTINA A. AGOLA, DEFENDANTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal (denominated "leave to perfect appeal") taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 18, 2014,
Now, upon reading and filing the affidavit of Bernice Malcolm sworn to October 20, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as untimely (See 22 NYCRR 1000.13 [g]).
Entered: November 7, 2016
Frances E. Cafarell, Clerk