| MARILYN BROWN, INDIVIDUALLY AND AS THE PARENT AND NATURAL GUARDIAN OF J.L., AN INFANT V CATHOLIC DIOCESE OF BUFFALO |
| Motion No: CA 17-02161 |
| Slip Opinion No: 2017 NY Slip Op 40081(U) |
| Decided on December 29, 2017 |
| 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 17-02161
| MARILYN BROWN, INDIVIDUALLY AND AS THE PARENT AND NATURAL
GUARDIAN OF J.L., AN INFANT, PLAINTIFF-RESPONDENT, V CATHOLIC DIOCESE OF BUFFALO, OUR LADY OF BLACK ROCK SCHOOL, MARTHA J.
EADIE, SISTER CAROL CIMINO, DEBBIELYNN DOYLE, DEFENDANTS-APPELLANTS, 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 August 4, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Rebecca M. Kujawa, Esq., dated December 14, 2017, the notice of motion with proof of service thereof, and the affidavit of Caitlin E. O'Neil, Esq., sworn to December 19, 2017, 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 20, 2018.
Entered: December 29, 2017
Mark W. Bennett, Clerk