| NORMAN SCHEPPERLY V MICHELLE SCHEPPERLY |
| Motion No: CA 16-02277 |
| Slip Opinion No: 2017 NY Slip Op 60862(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 16-02277
| NORMAN SCHEPPERLY, PLAINTIFF-APPELLANT, V MICHELLE
SCHEPPERLY, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 6, 2015,
Now, upon reading and filing the affirmations of David J. Pajak, Esq., dated December 19, 2016, and December 30, 2016, the notice of motion with proof of service thereof, and the affirmation of Steven H. Grocott, Esq., dated December 28, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as untimely (see 22 NYCRR 1000.13 [g]).
Entered: January 11, 2017
Frances E. Cafarell, Clerk