| JAMES P. LOMBARDO, JR. V CHRISTINA A. AGOLA |
| Motion No: CA 17-00235 |
| Slip Opinion No: 2017 NY Slip Op 64398(U) |
| Decided on February 14, 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 17-00235
| JAMES P. LOMBARDO, JR., PLAINTIFF-RESPONDENT, V CHRISTINA A.
AGOLA, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 13, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew T. Mosher, Esq. sworn to January 25, 2017, the notice of motion with proof of service thereof, and the affidavit of Christina A. Agola sworn to February 2, 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 17, 2017.
Entered: February 14, 2017
Frances E. Cafarell, Clerk