| KIMBERLY RUSSELL V HONRI HUNT AND DORIEN GARRETT |
| Motion No: CA 17-00503 |
| Slip Opinion No: 2017 NY Slip Op 69746(U) |
| Decided on March 30, 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 17-00503
| KIMBERLY RUSSELL, PLAINTIFF-RESPONDENT, V HONRI HUNT AND
DORIEN GARRETT, DEFENDANTS-APPELLANTS. |
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 Erie on November 28, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher A. Spence, Esq., sworn to March 1, 2017, the notice of motion with proof of service thereof, and the affirmation of Justin L. Hendricks, Esq., dated March 23, 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 30, 2017.
Entered: March 30, 2017
Frances E. Cafarell, Clerk