| DONNA HAHER V DAVID J. PELUSIO, SR., ALBERT M. PELUSIO, ROCHESTER LINOLEUM & CARPET CENTER, INC., AND PELUSIO FAMILY |
| Motion No: CA 17-00174 |
| Slip Opinion No: 2017 NY Slip Op 63792(U) |
| Decided on February 7, 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 17-00174
| DONNA HAHER, PLAINTIFF-RESPONDENT, V DAVID J. PELUSIO, SR.,
ALBERT M. PELUSIO, ROCHESTER LINOLEUM & CARPET CENTER, INC., AND PELUSIO FAMILY PARTNERS, L.L.C.,
DEFENDANTS-APPELLANTS. |
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 Monroe on November 15, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Adams, Jr., Esq., dated January 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Amy L. DiFranco, Esq., dated January 25, 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 10, 2017.
Entered: February 7, 2017
Frances E. Cafarell, Clerk