| JOHN HOKENSON V SEARS, ROEBUCK AND CO. |
| Motion No: CA 17-00619 |
| Slip Opinion No: 2017 NY Slip Op 70307(U) |
| Decided on April 11, 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 17-00619
| JOHN HOKENSON, PLAINTIFF-APPELLANT, V SEARS, ROEBUCK AND CO.,
DEFENDANT-RESPONDENT. |
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 Monroe on December 12, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Sanjeev Devabhakthuni, Esq., dated March 28, 2017, the notice of motion with proof of service thereof, and the affirmation of David S. Stern, Esq., dated April 7, 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 June 12, 2017.
Entered: April 11, 2017
Frances E. Cafarell, Clerk