| TIMOTHY C. HEWITT V COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND |
| Motion No: CA 16-02309 |
| Slip Opinion No: 2017 NY Slip Op 60851(U) |
| Decided on January 11, 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 16-02309
| TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT, V COUNTY OF
CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE,
DEFENDANTS-RESPONDENTS. |
Respondent County of Chautauqua 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 Chautauqua on September 8, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas M. Lewandowski, Esq., dated December 19, 2016, the notice of motion with proof of service thereof, and the affidavit of Timothy C. Hewitt, Esq., sworn to December 27, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed with respect to County of Chautauqua, without further order, unless the appeal is perfected on or before February 15, 2017.
Entered: January 11, 2017
Frances E. Cafarell, Clerk