| DAVID M. ISABELLA V JAMES F. JACKLING, INDIVIDUALLY AND AS TRUSTEE OF THE JAMES F. JACKLING AND JOAN G. JACKLING LIVING |
| Motion No: CA 17-00234 |
| Slip Opinion No: 2017 NY Slip Op 64953(U) |
| Decided on February 21, 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 17-00234
| DAVID M. ISABELLA, PLAINTIFF-APPELLANT, V JAMES F. JACKLING,
INDIVIDUALLY AND AS TRUSTEE OF THE JAMES F. JACKLING AND JOAN G. JACKLING LIVING TRUST, AND JOAN G. JACKLING, INDIVIDUALLY AND AS
TRUSTEE OF THE JAMES F. JACKLING AND JOAN G. JACKLING LIVING TRUST, 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 26, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of David L. Rasmussen, Esq., sworn to January 17, 2017, the affidavit of Richard A. Goldberg, Esq., sworn to February 14, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 24, 2017, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: February 21, 2017
Frances E. Cafarell, Clerk