| NATHAN D. MOSLEY V TOWN OF VIENNA, MARK HELT, PETER RICH, |
| Motion No: CA 17-00553 |
| Slip Opinion No: 2017 NY Slip Op 69770(U) |
| Decided on April 3, 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. |
DOCKET NO. CA 17-00553
| NATHAN D. MOSLEY, PLAINTIFF-APPELLANT, V TOWN OF VIENNA, MARK
HELT, PETER RICH, ET AL., 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 Oneida on November 28, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Charles C. Spagnoli, Esq., sworn to March 6, 2017, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 3, 2017
Frances E. Cafarell, Clerk