| STEPHEN T. DIVITO V EDWARD L. FIANDACH |
| Motion No: CA 17-00324 |
| Slip Opinion No: 2017 NY Slip Op 65791(U) |
| Decided on March 1, 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 17-00324
| STEPHEN T. DIVITO, PLAINTIFF-APPELLANT, V EDWARD L. FIANDACH,
DEFENDANT-RESPONDENT. |
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 October 14, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to February 9, 2017, the notice of motion with proof of service thereof, and the affidavit of Stephen T. Divito, Esq., sworn to February 16, 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 May 1, 2017.
Entered: March 1, 2017
Frances E. Cafarell, Clerk