| RALFAEL CASTRO V ADMAR SUPPLY COMPANY, INC. |
| Motion No: CA 17-00170 |
| Slip Opinion No: 2017 NY Slip Op 72007(U) |
| Decided on April 25, 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 17-00170
| RALFAEL CASTRO, PLAINTIFF-RESPONDENT, V ADMAR SUPPLY
COMPANY, INC., DEFENDANT-APPELLANT. |
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 30, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph R. Bergen, Esq., dated April 13, 2017, the notice of motion with proof of service thereof, and the affidavit of Phillip A. Oswald, Esq., sworn to April 19, 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 26, 2017.
Entered: April 25, 2017
Frances E. Cafarell, Clerk