| 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 62593(U) |
| Decided on January 31, 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. |
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. |
Respondents Raymond R. Whitacre, individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre 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 affidavit of John P. DePaolo, Esq., sworn to January 10, 2017, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs with respect to respondents Raymond R. Whitacre, individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre.
Entered: January 31, 2017
Frances E. Cafarell, Clerk