| JAMES R. YAHNITE V DEIRDRE METZGER AND GEORGE BRADLEY BURD |
| Motion No: CA 16-02256 |
| Slip Opinion No: 2017 NY Slip Op 60192(U) |
| Decided on January 4, 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 16-02256
| JAMES R. YAHNITE, PLAINTIFF-APPELLANT, V DEIRDRE METZGER AND
GEORGE BRADLEY BURD, DEFENDANTS-RESPONDENTS. |
Respondents 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 Steuben on August 29, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Edward J. Degnan, Esq., dated December 14, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael A. Rosenhouse, Esq., dated December 27, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 4, 2017
Frances E. Cafarell, Clerk