| KELLY L. FLAHIVE V WAYNE C. FELLE, ESQ., WAYNE C. FELLE, P.C., ALSO KNOWN AS THE LAW OFFICES OF WAYNE C. FELLE, P.C. |
| Motion No: CA 17-00034 |
| Slip Opinion No: 2017 NY Slip Op 62037(U) |
| Decided on January 23, 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 17-00034
| KELLY L. FLAHIVE, PLAINTIFF-APPELLANT, V WAYNE C. FELLE, ESQ.,
WAYNE C. FELLE, P.C., ALSO KNOWN AS THE LAW OFFICES OF WAYNE C. FELLE, P.C., 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 Erie on September 7, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Hedwig M. Auletta, Esq., sworn to December 20, 2016, the notice of motion with proof of service thereof, and the affidavit of Kelly L. Flahive sworn to January 19, 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 24, 2017.
Entered: January 23, 2017
Frances E. Cafarell, Clerk