| MICHAEL J. TOOMEY V WEGMANS ENTERPRISES, INC., WEGMANS FOOD MARKETS, INC., AND WEGMANS GENERAL CONSTRUCTION |
| Motion No: CA 17-00036 |
| Slip Opinion No: 2017 NY Slip Op 62598(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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00036
| MICHAEL J. TOOMEY, PLAINTIFF-APPELLANT, V WEGMANS ENTERPRISES,
INC., WEGMANS FOOD MARKETS, INC., AND WEGMANS GENERAL CONSTRUCTION, 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 Monroe on September 13, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Valerie L. Barbic, Esq., sworn to December 29, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael Steinberg, Esq., dated January 27, 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 April 3, 2017.
Entered: January 31, 2017
Frances E. Cafarell, Clerk