| ENID SCHWARTZ V NORTH AMERICAN VAN LINES, INC. |
| Motion No: CA 17-00328 |
| Slip Opinion No: 2017 NY Slip Op 69813(U) |
| Decided on April 4, 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 17-00328
| ENID SCHWARTZ, PLAINTIFF-APPELLANT, V NORTH AMERICAN VAN
LINES, INC., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on September 28, 2016, on the grounds that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Joel B. Schechter, Esq., dated February 10, 2017, and February 24, 2017, the notice of motion with proof of service thereof, and the affirmation and statement of Gabriel J. Feber, Esq., received February 21, 2017, and February 24, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and appeal are dismissed on the ground that no appeal lies from Erie County Court's order entered September 28, 2016, (see CPLR 5703 [b]; see also Ellingsworth v City of Watertown, 113 AD2d 1013).
Entered: April 4, 2017
Frances E. Cafarell, Clerk