| VIVIAN A. PRESSLEY V ANNIE PEARL WILSON |
| Motion No: CA 17-00019 |
| Slip Opinion No: 2017 NY Slip Op 61457(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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-00019
| VIVIAN A. PRESSLEY, PLAINTIFF-APPELLANT, V ANNIE PEARL WILSON,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated December 28, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to January 4, 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 March 20, 2017.
Entered: January 17, 2017
Frances E. Cafarell, Clerk