| LORI L. MARTINEZ V BARBARA A. GRIMM AND FIRST STUDENT INC. |
| Motion No: CA 16-01946 |
| Slip Opinion No: 2016 NY Slip Op 90945(U) |
| Decided on November 9, 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 16-01946
| LORI L. MARTINEZ, PLAINTIFF-RESPONDENT, V BARBARA A. GRIMM AND
FIRST STUDENT INC., DEFENDANTS-APPELLANTS. |
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 Niagara on February 10, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark P. Della Posta, Esq., sworn to October 19, 2016, the notice of motion with proof of service thereof, and the affidavit of William A. Long, Jr., Esq., sworn to November 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 23, 2016.
Entered: November 9, 2016
Frances E. Cafarell, Clerk