| TAMAICA TAYLOR V MARCIA BIRDSONG AND DAVID L. VANGALIO |
| Motion No: CA 17-00355 |
| Slip Opinion No: 2017 NY Slip Op 66711(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 17-00355
| TAMAICA TAYLOR, PLAINTIFF-APPELLANT, V MARCIA BIRDSONG AND
DAVID L. VANGALIO, DEFENDANTS-RESPONDENTS. |
Respondent David L. Vangalio having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 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 17, 2017, the notice of motion with proof of service thereof, and the affirmation of Frank S. Falzone, Esq., dated March 2, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and that the appeal is dismissed, with respect to David L. Vangalio, without further order unless the appeal is perfected on or before May 5, 2017.
Entered: March 6, 2017
Frances E. Cafarell, Clerk