| RES EXHIBIT SERVICES, LLC V GENESIS VISION, INC. DOING BUSINESS AS ROCHESTER OPTICAL |
| Motion No: CA 16-02128 |
| Slip Opinion No: 2016 NY Slip Op 93688(U) |
| Decided on December 5, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-02128
| RES EXHIBIT SERVICES, LLC, PLAINTIFF-RESPONDENT, V GENESIS
VISION, INC. DOING BUSINESS AS ROCHESTER OPTICAL, DEFENDANT-APPELLANT. |
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 Monroe on September 22, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Chad W. Flansburg, Esq., dated November 23, 2016, and December 2, 2016, the notice of motion with proof of service thereof, and the affirmation of Jared K. Cook, Esq., dated December 1, 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 February 3, 2017.
Entered: December 5, 2016
Frances E. Cafarell, Clerk