| MICRO-LINK, LLC V TOWN OF AMHERST |
| Motion No: CA 17-00016 |
| Slip Opinion No: 2017 NY Slip Op 61453(U) |
| Decided on January 17, 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 17-00016
| MICRO-LINK, LLC, PLAINTIFF-APPELLANT, V TOWN OF AMHERST,
DEFENDANT-RESPONDENT. |
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 September 19, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of Marc W. Brown, Esq., sworn to December 27, 2016, and January 11, 2017, the affidavit of R. Anthony Rupp, III, Esq., sworn to January 9, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 20, 2017, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: January 17, 2017
Frances E. Cafarell, Clerk