| JEANNE FUMERELLE V VISONE BROS., INC., LAKEFRONT CONSTRUCTION CO., INC., AND JOHN VISONE VISONE BROS., INC., LAKEFRONT |
| Motion No: CA 17-00381 |
| Slip Opinion No: 2017 NY Slip Op 66695(U) |
| Decided on March 6, 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 17-00381
| JEANNE FUMERELLE, PLAINTIFF-APPELLANT, V VISONE BROS., INC.,
LAKEFRONT CONSTRUCTION CO., INC., AND JOHN VISONE, DEFENDANTS-RESPONDENTS. VISONE BROS., INC., LAKEFRONT CONSTRUCTION CO., INC.,
JOHN VISONE, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V FHN AND BJH, INC., THIRD-PARTY
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 Erie on November 15, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated February 7, 2017, the affidavit of Michael A. Riehler, Esq., sworn to February 23, 2017, the notices of motion with proof of service thereof, and the affirmation of Scott R. Orndoff, Esq., dated February 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 5, 2017.
Entered: March 6, 2017
Frances E. Cafarell, Clerk